One who has granted a mineral lease, or who possesses under a title subject to a mineral lease, whether or not the lease is disclosed by his act of acquisition, cannot assert the real actions against the lessee on account of the termination of the lease by running of the term or occurrence of an express resolutory condition.
Art. 3670.Real Actions Against Mineral Lessee Unavailable to Mineral Lessor Or Possessor Bound By Lease
Book VII. Special Proceedings · Title II. Real Actions · Chapter 1. Actions to Determine Ownership Or Possession · Enacted 1974 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 3670 bars a mineral lessor, or anyone who possesses subject to a mineral lease whether or not that lease appears in the person's own title, from using a real action against the lessee over the lease's termination by expiration of its term or an express resolutory condition.
Full Text of Art. 3670
Amendment History
Added by Acts 1974, No. 547, §2, eff. 1/1/1975.
Plain-English Summary
Article 3670 closes off the real actions — petitory and possessory alike — as a tool for fighting about whether a mineral lease has ended. Anyone who granted a mineral lease, or who possesses land subject to one, cannot sue the lessee using a real action over the lease's termination, whether that termination happened because the lease's term ran out on its own or because an express resolutory condition in the lease was triggered.
The bar reaches beyond the person who signed the lease. It also covers anyone who possesses under a title subject to the mineral lease, even if that title does not disclose the lease's existence. The lessor's own legal relationship with the lessee, defined by contract, is what governs a dispute over the lease's end — not a real action meant to resolve competing claims to ownership or possession of the immovable itself.
Frequently Asked Questions
Can a mineral lessor sue the lessee using a possessory or petitory action over the lease's expiration?
No. Article 3670 bars the lessor, and anyone who possesses under a title subject to the lease, from using a real action against the lessee on account of the lease's termination by running of its term or by an express resolutory condition.
Does it matter if my title doesn't mention the mineral lease?
No. Article 3670 applies whether or not the lease is disclosed by the person's act of acquisition, so long as the person possesses under a title subject to it.
What kind of lease termination does this bar cover?
Termination by the running of the lease's term, or by the occurrence of an express resolutory condition written into the lease.
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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