Acquisitive Prescription in Louisiana: How to Gain (or Lose) Property Through Possession

What Is Acquisitive Prescription?

Acquisitive prescription is the legal mechanism under Louisiana Civil Code Articles 3446–3491 by which a person who possesses immovable (real) property for a sufficient period of time under the required conditions can acquire ownership of that property — even against the will of the record title owner. It is the Louisiana civil law equivalent of the common law doctrine of adverse possession, though the rules differ in important ways.

The doctrine serves an important social function: it resolves the conflict between paper title (what the deed records show) and actual possession (who is actually using and maintaining the property), preferring the reality of long-term, visible possession over stale paper claims.

The Two Prescription Periods

10-Year Acquisitive Prescription (Good Faith Possessor with Just Title)

Under Louisiana Civil Code Article 3475, a possessor who holds the property under a just title and in good faith acquires ownership of the property after 10 years of possession. This shorter period reflects the equities favoring someone who reasonably believed they owned the property.

Just title means a juridical act (like a deed or act of sale) that, if valid, would be sufficient to transfer ownership. A deed from someone who didn't actually own the property can constitute just title for prescription purposes — the defect in title is exactly what the prescription period is meant to cure.

Good faith means the possessor reasonably believed, at the time of acquiring the property, that the transferor was the owner. Good faith is presumed; the party challenging prescription must prove bad faith.

30-Year Acquisitive Prescription (Without Good Faith or Just Title)

Under Louisiana Civil Code Article 3486, a possessor without just title or good faith can still acquire ownership after 30 years of uninterrupted, continuous, open, peaceable possession. This longer period reflects the weaker equities when the possessor either knew of a defect in their title or had no title at all.

Requirements for Acquisitive Prescription

In both the 10-year and 30-year contexts, the possession must meet the following requirements:

• Continuous: The possession cannot have significant interruptions. Seasonal or periodic use consistent with the nature of the property (e.g., a summer camp used only in warm months) can be continuous. Abandonment of possession for a significant period interrupts prescription.
• Uninterrupted: Prescription can be interrupted by the owner filing a lawsuit, the possessor acknowledging the owner's title, or the owner taking back possession.
• Peaceable: The possession cannot be acquired or maintained by violence or clandestine means.
• Open and public: The possession must be visible and apparent — not hidden from the owner. Fencing, building, cultivating, or otherwise using the property in a way that puts the owner on notice of the adverse claim satisfies this requirement.
• Unequivocal: The possession must be inconsistent with the owner's rights — an act of possession that is just as consistent with being a licensee as with claiming ownership is insufficient.

Tacking

A possessor may "tack" their period of possession to that of their predecessor in possession to meet the prescription period, as long as there is a chain of possession connecting the two. This allows heirs, purchasers, and other successors to a possessor to benefit from the prior possessor's time.

How Property Owners Can Protect Against Prescription

The primary protection against acquisitive prescription is interruption. An owner who discovers adverse possession can interrupt prescription by: (1) filing a lawsuit to recover the property (a petitory action); (2) sending a written demand that the possessor acknowledge the owner's title; or (3) physically retaking possession of the property. Regular inspection of all owned property — including rural tracts and vacant lots — is essential to discovering adverse possession claims before the prescription period runs.

Practical Applications

Acquisitive prescription issues arise most commonly in the following situations:

• Old family properties where boundaries were never formally surveyed
• Rural tracts with disputed fences or field boundaries
• Urban properties where neighbors have encroached over time with landscaping, structures, or fencing
• Properties acquired through donations or successions where the conveyance documents had title defects
• Adjudicated properties purchased at tax sales or from local governments