To maintain the possessory action the plaintiff shall allege and prove all of the following:
Art. 3658.Same; Requisites
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 3658 lists the four things a possessory-action plaintiff must allege and prove: possession or precarious possession at the time of the disturbance, quiet and uninterrupted possession of more than a year beforehand, a disturbance in fact or in law, and suit filed within a year of that disturbance.
Full Text of Art. 3658
(1) The plaintiff had possession or precarious possession of the immovable property or real right therein at the time the disturbance occurred.
(2) The plaintiff and his ancestors in title, or the person for whom the plaintiff possesses precariously and that person's ancestors in title, had such possession quietly and without interruption for more than a year immediately prior to the disturbance, unless evicted by force or fraud.
(4) The possessory action was instituted within a year of the disturbance.
Amendment History
Amended by Acts 2023, No. 421, §2, eff. 8/1/2023. Amended by Acts 1981, No. 256, §1.
Plain-English Summary
Winning a possessory action takes more than showing up in court and pointing to a disturbance. Article 3658 sets out four requirements, and the plaintiff has to allege and prove every one of them.
First, the plaintiff had to be in possession, or precarious possession, of the property when the disturbance happened. Second, that possession — the plaintiff's own, or that of the person the plaintiff possesses for and that person's predecessors in title — had to be quiet and uninterrupted for more than a year immediately before the disturbance, unless the plaintiff was evicted by force or fraud, which excuses the year-long requirement. Third, the disturbance has to qualify as a disturbance in fact or a disturbance in law under the definitions in Article 3659; not every complaint about a neighbor's conduct rises to that level. Fourth, the suit has to be filed within a year of the disturbance — a short, strict window compared to prescription periods that apply elsewhere in Louisiana law.
Missing any one of these four elements defeats the possessory action, regardless of how sympathetic the plaintiff's underlying claim to the property might be.
Frequently Asked Questions
What does a plaintiff have to prove to win a possessory action?
Four things: possession or precarious possession at the time of the disturbance; quiet, uninterrupted possession of more than a year beforehand, unless evicted by force or fraud; a disturbance in fact or in law; and that suit was filed within a year of the disturbance.
How long do I have to file a possessory action after a disturbance?
One year from the disturbance. Article 3658 requires the possessory action to be instituted within that year, or it fails regardless of the other requirements.
Do I need a full year of possession before I can sue?
Generally yes — quiet, uninterrupted possession for more than a year immediately before the disturbance — but Article 3658 excuses that requirement if the plaintiff was evicted by force or fraud.
Can I count my predecessor's possession toward the one-year requirement?
Yes. Article 3658 lets the plaintiff add the possession of ancestors in title, or, for a precarious possessor, the possession of the person possessed for and that person's ancestors in 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
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