Art. 3662.Same; Relief that May Be Granted Successful Plaintiff In Judgment; Appeal

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 3662 spells out what a judgment for a successful possessory-action plaintiff must contain — recognition of the right to possess plus restoration or maintenance of possession, a possible order forcing the defendant to file a petitory action within sixty days or be barred from claiming ownership, and any damages sought — and sets shortened appeal delays.

Full Text of Art. 3662

Text sizeJump to: (1) (2) (3)

A. A judgment rendered for the plaintiff in a possessory action shall:

(1) Recognize the plaintiff's right to the possession of the immovable property or real right therein, and restore him to possession thereof if he has been evicted, or maintain him in possession thereof if the disturbance has not been an eviction.

(2) Order the defendant to assert his adverse claim of ownership of the immovable property or real right therein in a petitory action to be filed within sixty days after the date the judgment becomes executory, or be precluded thereafter from asserting the ownership thereof, if the plaintiff has prayed for this relief and this relief is not precluded by Paragraph B of this Article.

(3) Award the plaintiff the damages to which he is entitled and for which he has prayed.

B. A judgment in a possessory action shall not grant the relief described in Subparagraph (A)(2) of this Article against the state or against a defendant who appeared in the action only through an attorney appointed to represent him under Article 5091. C. A suspensive appeal from the judgment rendered in a possessory action may be taken within the delay provided in Article 2123, and a devolutive appeal may be taken from the judgment only within thirty days of the applicable date provided in Article 2087(A).

Amendment History

Amended by Acts 2023, No. 421, §2, eff. 8/1/2023. Amended by Acts 1981, No. 256, §1; Acts 2010, No. 185, §1.

Plain-English Summary

Winning a possessory action does not just end the case; it produces a judgment with specific, mandatory content. Article 3662 requires the judgment to recognize the plaintiff's right to possess the property, and either restore the plaintiff to possession if there was an eviction, or maintain the plaintiff in possession if the disturbance fell short of an eviction. If the plaintiff prayed for damages, the judgment has to award whatever damages the plaintiff proved and is entitled to.

The article's most consequential feature is optional but powerful: if the plaintiff asked for it, and the case does not fall under one of the exceptions in Paragraph B, the judgment can order the losing defendant to file a petitory action asserting ownership within sixty days after the judgment becomes executory. Miss that window, and the defendant is barred from asserting ownership of the property afterward. That provision forces a defendant who believes he owns the property to put up or drop the claim, rather than letting a disturbed-possession dispute simmer indefinitely without a final answer on title. It does not apply against the state, or against a defendant who appeared only through a curator appointed to represent an absent party.

Appeal delays run on a shortened clock compared to an ordinary civil judgment. A suspensive appeal — one that halts enforcement of the judgment while the appeal is pending — has to be taken within the delay set by Article 2123. A devolutive appeal, which does not halt enforcement, has only thirty days from the applicable date under Article 2087(A), a tighter window than the sixty days devolutive appeals typically get elsewhere in Louisiana practice.

Frequently Asked Questions

What must a judgment for the winning plaintiff in a possessory action include?

Recognition of the plaintiff's right to possess the property, restoration to possession if there was an eviction or maintenance of possession otherwise, and any damages the plaintiff proved and prayed for.

Can the court force the losing defendant to file an ownership lawsuit?

Yes, if the plaintiff asked for it and the case does not fall under one of the exceptions in Paragraph B. The judgment can order the defendant to file a petitory action within sixty days after the judgment becomes executory or lose the right to assert ownership afterward.

How much time do I have to appeal a possessory-action judgment?

Less than in an ordinary case. A suspensive appeal follows the delay in Article 2123, and a devolutive appeal must be taken within thirty days of the applicable date under Article 2087(A), rather than the standard longer devolutive-appeal window.

Are there cases where the court cannot order the defendant to file a petitory action?

Yes. Article 3662 exempts the state, and a defendant who appeared in the action only through a court-appointed curator representing an absent party, from that ownership-forcing relief.

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 3662 Louisianapossessory action judgment Louisianasixty days to file petitory actionappeal delay possessory action Louisianarelief in possessory action judgment