A. In the possessory action, the ownership or title of the parties to the immovable property or real right therein is not at issue. B. No evidence of ownership or title to the immovable property or real right therein shall be admitted except to prove any of the following:
Art. 3661.Same; Title Not At Issue; Limited Admissibility of Evidence of Title
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 3661 keeps ownership out of the possessory action entirely, providing that title is not at issue and that evidence of ownership is admissible only to prove a party's possession as owner, the extent of that possession, or how long the party and predecessors have held it.
Full Text of Art. 3661
(1) The possession thereof by a party as owner.
(2) The extent of the possession thereof by a party and his ancestors in title.
(3) The length of time in which a party and his ancestors in title have had possession thereof.
Amendment History
Amended by Acts 2023, No. 421, §2, eff. 8/1/2023. Amended by Acts 1981, No. 256, §1.
Plain-English Summary
Article 3661 states the rule that gives the possessory action its distinct character: ownership and title are not at issue in this proceeding. The court is deciding who has been peacefully possessing the property, not who owns it, and the article closes the door on efforts to turn the trial into an ownership fight through the back door of evidence.
That door is not sealed completely. Evidence of ownership or title can come in for three narrow purposes: to prove that a party possessed the property as owner, to establish the extent of that party's possession, or to show how long the party and predecessors in title have held it. In each of those three uses, the title evidence supports a finding about possession — it is a fact relevant to how someone possessed, not proof of who owns the property.
This narrow admissibility rule works together with Article 3657's ban on cumulating ownership claims with a possessory action. Together they make sure a possessory action stays what it is meant to be — a focused, faster proceeding about disturbed possession — rather than sliding into a full ownership trial dressed up as something else.
Frequently Asked Questions
Is ownership decided in a possessory action?
No. Article 3661 provides that the ownership or title of the parties is not at issue in a possessory action, which is limited to the question of possession.
Can I introduce a deed or other title evidence in a possessory action?
Only for narrow purposes: to prove a party possessed the property as owner, the extent of that possession, or how long the party and predecessors in title have possessed it. It cannot be used to prove who owns the property.
Why does Louisiana exclude ownership evidence from the possessory action?
To keep the possessory action focused on the disturbance of possession rather than turning it into a full ownership trial, consistent with Article 3657's separate bar on combining the two kinds of claims.
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 3661 Louisianatitle not at issue possessory actionevidence of ownership in possessory actionLouisiana civil law possession versus ownershiplimited admissibility of title evidence