A. To obtain a judgment recognizing his ownership of immovable property or real right therein, the plaintiff in a petitory action shall:
Art. 3653.Same; Proof of Title; Immovable
Book VII. Special Proceedings · Title II. Real Actions · Chapter 1. Actions to Determine Ownership Or Possession · Last amended 2023 · Last verified July 30, 2026
In one sentenceArticle 3653 sets the petitory-action plaintiff's burden of proof: showing acquisition of ownership from a previous owner or through acquisitive prescription when the defendant has possessed for the qualifying period, or otherwise proving a title better than the defendant's, with common ancestors in title presumed to be the previous owner.
Full Text of Art. 3653
(1) Prove that he has acquired ownership from a previous owner or by acquisitive prescription, if the court finds that the defendant has been in possession for one year after having commenced possession in good faith and with just title or that the defendant has been in possession for ten years.
(2) Prove a better title thereto than the defendant in all other cases. B. When the titles of the parties are traced to a common author, the common author is presumed to be the previous owner.
Amendment History
Amended by Acts 2023, No. 421, §2, eff. 8/1/2023. Amended by Acts 1981, No. 256, §1.
Plain-English Summary
Article 3653 puts real weight behind the petitory action, because it defines exactly what the out-of-possession plaintiff must prove to take property away from whoever currently holds it. The default standard is demanding: the plaintiff must prove a title better than the defendant's, comparing the strength of each side's chain of ownership.
A lighter path opens when the defendant's possession fits a specific pattern. If the defendant has possessed the property for one year after beginning that possession in good faith and under a just title, or has possessed it for ten years regardless of good faith, the plaintiff only has to prove acquisition of ownership from a previous owner or through acquisitive prescription, rather than out-proving the defendant's title outright. The length and character of the defendant's own possession, in other words, changes what the plaintiff has to show.
When both sides trace their claims back to the same person who once held the property, Article 3653 presumes that common source was the previous owner. That presumption simplifies the comparison of titles without requiring either side to trace ownership back to the property's original source.
Frequently Asked Questions
What does a plaintiff have to prove to win a petitory action?
Generally, a title better than the defendant's. But if the defendant has possessed the property for one year after starting that possession in good faith and under a just title, or for ten years regardless, the plaintiff instead only has to prove acquisition of ownership from a previous owner or by acquisitive prescription.
What is acquisitive prescription?
It is Louisiana's civil-law version of gaining ownership through possession over time, comparable to what other states call adverse possession, and Article 3653 lets a petitory-action plaintiff rely on it to prove ownership in place of proving a better title outright.
Why does it matter how long the defendant has possessed the property?
Because Article 3653 lowers the plaintiff's burden once the defendant's possession reaches one year, with good faith and just title, or ten years. Below those thresholds, the plaintiff must prove a title better than the defendant's rather than relying on the lighter ownership-acquisition proof.
What happens if both parties trace their titles to the same person?
Article 3653 presumes that common source to be the previous owner, which lets the court compare the parties' claims from that shared starting point instead of requiring either side to trace title back further.
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 3653 Louisianaproof of title petitory action Louisianabetter title Louisiana civil lawacquisitive prescription Louisiana immovable propertyburden of proof petitory action