Art. 3659.Same; Disturbance In Fact and In Law Defined
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 3659 defines the two kinds of disturbance that support a possessory action — disturbance in fact, meaning an eviction or physical interference with quiet enjoyment, and disturbance in law, meaning a recorded instrument or other claim asserting adverse ownership or possession rights.
A. Disturbances of possession that give rise to the possessory action are of two kinds: disturbance in fact and disturbance in law.
B. A disturbance in fact is an eviction, or any other physical act that prevents the possessor of immovable property or of a real right therein from enjoying his possession quietly, or that throws any obstacle in the way of that enjoyment.
C. A disturbance in law is the occurrence or existence of any of the following adversely to the possessor of immovable property or a real right therein:
(1)The execution, recordation, or registry, after the possessor or his ancestors in title acquired the right to possess, of any instrument that asserts or implies a right of ownership or right to the possession of the immovable property or a real right therein.
(2)The continuing existence of record of any instrument that asserts or implies a right of ownership or right to the possession of the immovable property or a real right therein, unless the instrument was recorded before the possessor and his ancestors in title commenced possession.
(3)Any other claim or pretension of ownership or right to the possession of the immovable property or a real right therein, whether written or oral, except when asserted in an action or proceeding.
Amendment History
Amended by Acts 2023, No. 421, §2, eff. 8/1/2023. Amended by Acts 1981, No. 256, §1.
Plain-English Summary
The possessory action requires a disturbance, and Article 3659 explains that a disturbance can take two different forms — one physical, one purely documentary.
A disturbance in fact is what most people picture: an eviction, or any other physical act that keeps the possessor from quietly enjoying the property, or that throws an obstacle in the way of that enjoyment. Someone building a fence across a boundary line, blocking access, or physically removing the possessor from the land are all disturbances in fact.
A disturbance in law is different, and distinctly civil-law in character. It happens on paper, without any physical act at all. It arises when someone records an instrument asserting or implying a right of ownership or possession adverse to the possessor, after the possessor's own right to possess began; when such a recorded instrument continues to exist of record, unless it predates the possessor's own possession; or when someone otherwise claims or asserts ownership or possession rights, written or oral, so long as that claim was not made inside a lawsuit or other proceeding. A recorded deed purporting to convey the property to someone else, filed while the true possessor is quietly on the land, is a textbook disturbance in law even though nothing physical happened on the ground.
Frequently Asked Questions
What is a disturbance in fact?
An eviction, or any other physical act that prevents a possessor from enjoying immovable property quietly or that obstructs that enjoyment, as described in Article 3659.
What is a disturbance in law?
A documentary rather than physical disturbance — recording an instrument that asserts or implies adverse ownership or possession rights, the continuing existence of such a recorded instrument, or any other written or oral claim of ownership or possession made outside of a lawsuit.
Does recording a deed to my neighbor's land count as a disturbance even without any physical act?
Yes. Article 3659 treats the recordation of an instrument asserting an adverse ownership or possession claim as a disturbance in law, distinct from any physical interference with possession.
Does a claim made in a court proceeding count as a disturbance in law?
No. Article 3659 excludes claims or pretensions of ownership asserted inside an action or proceeding from the definition of disturbance in law.
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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