Art. 3663.Sequestration; Injunctive Relief
Book VII. Special Proceedings · Title II. Real Actions · Chapter 1. Actions to Determine Ownership Or Possession · Last amended 1981 · Last verified July 30, 2026
Full Text of Art. 3663
Amendment History
Amended by Acts 1981, No. 256, §1.
Plain-English Summary
A real action can take time to litigate, and Article 3663 supplies two provisional tools to protect the property, or the plaintiff's possession of it, while the case is pending. Sequestration — a court order impounding the property so no one can dispose of it or alter its condition before judgment — is available for immovable property or a real right in it caught up in a possessory or petitory action, under the general attachment-and-sequestration provisions found in Chapter 1 of Title I of this Book.
Injunctive relief, drawn from the general injunction provisions in Chapter 2 of that same Title, is available more broadly than sequestration is. It reaches a possessory-action plaintiff during the pendency of that action, protecting the possession the suit is meant to vindicate. It also reaches someone who has not yet filed suit at all: a person disturbed in a possession that the person and predecessors in title have held for more than a year, where that person claims ownership, possession, or enjoyment of the property or real right.
Together, these tools let a court freeze the practical situation on the ground — who holds the property, and in what condition — while the underlying dispute over possession or ownership works its way to judgment.
Frequently Asked Questions
Can I get a court order protecting property while my real action is pending?
Yes. Article 3663 makes sequestration available for immovable property involved in a possessory or petitory action, under the general attachment-and-sequestration provisions, and injunctive relief available to protect or restore possession.
Do I have to already have filed a possessory action to get injunctive relief?
Not always. Article 3663 also extends injunctive relief to a person disturbed in a possession that person and predecessors have held for more than a year, without requiring a possessory action to already be pending.
What is sequestration, and how does it apply to a real action?
Sequestration is a court order impounding property during litigation so it cannot be disposed of or altered. Article 3663 makes it available for immovable property or a real right caught up in a possessory or petitory action, governed by the general sequestration provisions elsewhere in this Book.