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 3656 identifies who may bring a possessory action — a possessor acting for himself, including a usufructuary or the holder of a real right, or a precarious possessor suing anyone but the person he possesses for — and requires the suit to be filed against the disturber in the venue set by Article 80(A)(1).
Full Text of Art. 3656
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A. A possessory action may be brought by one who possesses for himself. A person entitled to the use or usufruct of immovable property, and one who owns a real right therein, possesses for himself. A possessory action may also be brought by a precarious possessor against anyone except the person for whom he possesses.
B. The possessory action shall be brought against the person who caused the disturbance, and in the venue provided by Article 80(A)(1), even when the plaintiff prays for a judgment for the fruits and revenues of the property, or for damages.
Article 3656 draws the line between who can sue and who has to be sued in a possessory action. On the plaintiff's side, anyone who possesses property for himself qualifies, and the article makes clear that a person entitled to the use or usufruct of the property, or someone who owns a real right in it, counts as possessing for himself even though he does not hold full ownership. A precarious possessor — someone holding the property on another's behalf — can also sue, but only against someone other than the person for whom he possesses; he cannot turn the action against the person whose property he is minding.
On the defendant's side, the action targets the person who caused the disturbance, whoever that turns out to be. Venue follows the same rule that governs the petitory action under Article 3652: the possessory action belongs in the venue set by Article 80(A)(1), even when the plaintiff also asks for the property's fruits and revenues or for damages.
Frequently Asked Questions
Who can bring a possessory action in Louisiana?
Anyone who possesses the immovable property for himself, including someone entitled to its use or usufruct or someone who owns a real right in it, and a precarious possessor suing anyone except the person he possesses for.
Can a lessee holding property for a landlord sue over a disturbance?
Yes, as a precarious possessor, but not against the landlord for whom the lessee holds the property. The action has to target the person who caused the disturbance, not the person the precarious possessor holds the property for.
Who has to be sued in a possessory action?
The person who caused the disturbance to the plaintiff's possession. Article 3656 directs the action at that person specifically.
Where is a possessory action filed?
In the venue set by Article 80(A)(1), the same venue provision that governs the petitory action, even when the plaintiff also seeks fruits, revenues, or damages.
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 3656 Louisianawho can bring a possessory actionprecarious possessor lawsuit Louisianavenue possessory action Louisianausufructuary possessory action