A. A person is in possession of immovable property or of a real right therein, within the intendment of the articles of this Chapter, when the person has the corporeal possession thereof, or civil possession thereof preceded by corporeal possession by him or his ancestors in title, and possesses for himself or precariously for another, whether in good or bad faith, or even as a usurper. B. Subject to the provisions of Articles 3656 and 3664, a person who claims the ownership of immovable property or of a real right therein possesses through his lessee, through another who occupies the property or enjoys the right under an agreement with him or his lessee, or through a person who has the use or usufruct thereof to which his right of ownership is subject.
Art. 3660.Same; Possession
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 3660 defines what it means to be in possession of immovable property for purposes of this Chapter, covering corporeal possession, civil possession that follows earlier corporeal possession, possession held for oneself or precariously for another, and possession an owner exercises through a lessee, occupant, or usufructuary.
Full Text of Art. 3660
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 turns on possession, so Article 3660 defines exactly what counts. A person is in possession when he has corporeal possession — physical detention and control of the property — or civil possession that follows corporeal possession he or his ancestors in title once had. Civil possession is the civil-law concept of holding onto the legal effects of possession through intent alone, after the physical presence that started it has ended.
Possession under this definition does not have to be held in good faith, or even lawfully. Article 3660 covers possession for oneself, precarious possession held on another's behalf, and possession held in bad faith or even by a usurper who has no right to the property at all. The quality of the possessor's claim goes to other issues in a real action; it does not keep someone from counting as a possessor in the first place.
The article also confirms that an owner does not lose possession by letting someone else physically occupy the property. Subject to the joinder and mineral-rights provisions in Articles 3656 and 3664, an owner possesses through a lessee, through anyone else occupying the property or enjoying the real right under an agreement with the owner or the owner's lessee, or through a person who holds the use or usufruct of the property.
Frequently Asked Questions
What counts as possession of immovable property under Louisiana law?
Corporeal possession — actual physical detention and control — or civil possession that follows earlier corporeal possession by the person or an ancestor in title, held for oneself or precariously for another.
Does someone have to possess property in good faith to bring a possessory action?
No. Article 3660 covers possession in good or bad faith, and even possession by a usurper who has no right to the property at all.
If I lease my property to a tenant, am I still considered in possession?
Yes. Article 3660 lets an owner possess through a lessee, through another occupant under an agreement, or through a usufructuary, subject to the provisions of Articles 3656 and 3664.
What is civil possession?
It is possession that continues through intent alone after corporeal, or physical, possession has ended, so long as the possessor or an ancestor in title once held the property physically.
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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