CHAPTER 3–ACQUISITIVE PRESCRIPTION SECTION 1–IMMOVABLES: PRESCRIPTION OF TEN YEARS IN GOOD FAITH AND UNDER JUST TITLE Art. 3473. Prescription of ten years Ownership and other real rights in immovables may be acquired by the prescription of ten years. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
Art. 3474. Incompetents This prescription runs against absent persons and incompetents, including minors and interdicts. Acts 1982, No. 187, §1, eff. Jan. 1, 1983; Acts 1991, No. 107, §1.
Art. 3475. Requisites The requisites for the acquisitive prescription of ten years are: possession of ten years, good faith, just title, and a thing susceptible of acquisition by prescription. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
Art. 3476. Attributes of possession The possessor must have corporeal possession, or civil possession preceded by corporeal possession, to acquire a thing by prescription. The possession must be continuous, uninterrupted, peaceable, public, and unequivocal. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
Art. 3477. Precarious possessor; inability to prescribe Acquisitive prescription does not run in favor of a precarious possessor or his universal successor. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
Art. 3478. Termination of precarious possession; commencement of prescription A co-owner, or his universal successor, may commence to prescribe when he demonstrates by overt and unambiguous acts sufficient to give notice to his co-owner that he intends to possess the property for himself. The acquisition and recordation of a title from a person other than […]
Art. 3479. Particular successor of precarious possessor A particular successor of a precarious possessor who takes possession under an act translative of ownership possesses for himself, and prescription runs in his favor from the commencement of his possession. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
Art. 3480. Good faith For purposes of acquisitive prescription, a possessor is in good faith when he reasonably believes, in light of objective considerations, that he is owner of the thing he possesses. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
Art. 3481. Presumption of good faith Good faith is presumed. Neither error of fact nor error of law defeats this presumption. This presumption is rebutted on proof that the possessor knows, or should know, that he is not owner of the thing he possesses. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
Art. 3482. Good faith at commencement of prescription It is sufficient that possession has commenced in good faith; subsequent bad faith does not prevent the accrual of prescription of ten years. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
Art. 3483. Just title A just title is a juridical act, such as a sale, exchange, or donation, sufficient to transfer ownership or another real right. The act must be written, valid in form, and filed for registry in the conveyance records of the parish in which the immovable is situated. Acts 1982, No. 187, […]
Art. 3484. Transfer of undivided part of an immovable A just title to an undivided interest in an immovable is such only as to the interest transferred. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
Art. 3485. Things susceptible of prescription All private things are susceptible of prescription unless prescription is excluded by legislation. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
