When the issue of ownership of immovable property or of a real right therein is presented in an action for a declaratory judgment, or in a concursus, expropriation, or similar proceeding, or when the issue of the ownership of funds that are deposited in the registry of the court and that belong to the owner of the immovable property or of the real right therein is so presented, the court shall render judgment as follows:
Art. 3654.Proof of Title In Action For Declaratory Judgment, Concursus, Expropriation, Or Similar Proceeding
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 3654 applies the same possession-based and better-title standards from Article 3653 when ownership of immovable property, or of related funds deposited in the court registry, is contested inside a declaratory judgment, concursus, expropriation, or similar proceeding rather than a petitory action itself.
Full Text of Art. 3654
(1) If the party who would be entitled to the possession of the immovable property or real right therein in a possessory action has been in possession for one year after having commenced possession in good faith and with just title or has been in possession for ten years, the court shall render judgment in favor of that party, unless the adverse party proves that he would be entitled to a judgment recognizing his ownership in a petitory action under Article 3653(A)(1).
(2) In all other cases, the court shall render judgment in favor of the party who proves better title to the immovable property or real right therein.
Amendment History
Amended by Acts 2023, No. 421, §2, eff. 8/1/2023. Amended by Acts 1981, No. 256, §1.
Plain-English Summary
Ownership of immovable property does not only come up in a stand-alone petitory action. It can surface inside a declaratory judgment case, a concursus proceeding where competing claimants fight over the same fund or property, an expropriation case, or a similar proceeding, including a dispute over who owns funds sitting in the court's registry because they belong to whoever owns the underlying property or real right.
Article 3654 keeps the standard for deciding that ownership question consistent no matter which type of proceeding raises it. If the party who would be entitled to possession in a possessory action has held that qualifying possession — one year after starting in good faith with just title, or ten years outright — the court rules for that party, unless the other side proves it would win a petitory action under Article 3653(A)(1). In every other case, the court rules for whoever proves the better title.
The effect is to let judges resolve an ownership dispute wherever it arises, without forcing the parties to file and litigate a separate petitory action to get the same answer.
Frequently Asked Questions
Does ownership of immovable property only get decided in a petitory action?
No. Article 3654 lets a court decide ownership using the same standards inside a declaratory judgment action, a concursus proceeding, an expropriation case, or a similar proceeding, without requiring a separate petitory action.
How does this article treat funds deposited in the court's registry?
The same way it treats the immovable property itself: when ownership of those funds depends on who owns the underlying property or real right, the court applies the same possession-based and better-title standards to decide it.
What standard does the court use to decide ownership under Article 3654?
The same one Article 3653 uses in a petitory action: a party with the qualifying possession — one year with good faith and just title, or ten years outright — wins unless the other side proves a better title; otherwise the court rules for whoever proves the better title.
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 3654 Louisianaproof of title declaratory judgment Louisianaconcursus proceeding ownership Louisianaexpropriation ownership dispute Louisianaownership of court registry funds