A. A petitory action may be brought by a person who claims the ownership of only an undivided interest in the immovable property or real right therein, or whose asserted ownership is limited to a certain period which has not yet expired, or which may be terminated by an event which has not yet occurred. B. A lessee or other person who occupies the immovable property or enjoys the real right therein under an agreement with the person who claims the ownership thereof adversely to the plaintiff may be joined in the action as a defendant. C. A petitory action shall be brought in the venue provided by Article 80(A)(1), even when the plaintiff prays for judgment for the fruits and revenues of the property, or for damages.
Art. 3652.Same; Parties; Venue
Book VII. Special Proceedings · Title II. Real Actions · Chapter 1. Actions to Determine Ownership Or Possession · Last amended 2010 · Last verified July 30, 2026
In one sentenceArticle 3652 lets a petitory action be brought over an undivided or a time-limited ownership interest, allows joining an occupant who holds under the adverse claimant as a defendant, and fixes venue under Article 80(A)(1) regardless of whether the plaintiff also seeks fruits, revenues, or damages.
Full Text of Art. 3652
Amendment History
Amended by Acts 1981, No. 256, §1; Acts 2010, No. 185, §1.
Plain-English Summary
Article 3652 widens who can bring a petitory action and who can be brought into one. The plaintiff does not need to claim full, unconditional ownership of the whole property. An interest in only an undivided share works, and so does an ownership claim limited to a period that has not yet ended, or one that could end on some future event. In each case the plaintiff still fits Article 3651's basic description: someone claiming ownership without the right to possess.
The article also lets the plaintiff join a lessee, or anyone else occupying the property or enjoying the real right under an agreement with the adverse claimant, as an additional defendant. That keeps the case from stalling because the person physically on the property is a tenant rather than the party asserting ownership.
Venue is fixed and cannot be avoided by the shape of the relief requested: a petitory action belongs in the venue set out in Article 80(A)(1), the article governing actions involving immovable property, even when the plaintiff also asks for the property's fruits and revenues or for damages.
Frequently Asked Questions
Can I bring a petitory action if I only own a share of the property?
Yes. Article 3652 allows a petitory action to be brought by someone who claims ownership of only an undivided interest in the immovable property or real right, not just full ownership.
Can a tenant be sued along with the person claiming ownership?
Yes. A lessee, or anyone else occupying the property or enjoying the real right under an agreement with the adverse claimant, can be joined as a defendant in the petitory action.
Where do I file a petitory action in Louisiana?
In the venue set out in Article 80(A)(1), the general venue rule for actions involving immovable property. That venue applies even if the plaintiff also seeks the property's fruits and revenues or damages.
Does claiming a limited-duration ownership interest disqualify me from bringing this action?
No. Article 3652 covers a claim of ownership limited to a period that has not yet expired, or that can be terminated by a future event, as well as full ownership claims.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: Article 3652 Louisianavenue for petitory action Louisianaundivided interest petitory actionjoining a lessee as defendant Louisiana real actionArticle 80 venue immovable property