Ruminations on the Revision of the Louisiana Law of Acquisitive Prescription and Possession

Article by Lee Hargrave

The purpose of this Article is to discuss the court decisions, and the legal writings following those decisions, that have implemented the changes made in the 1982 revision of the Louisiana Civil Code articles on acquisitive prescription and possession. This Article will also touch on the impact of the more recent code revisions of sales, servitudes, and co-ownership on prescription and possession.

Among the major substantive areas covered are the good faith necessary for ten-year prescription, the requirement of recordation of a just title, physical activity required for possession, time required to establish possession, civil possession, tacking of possession for Article 794 boundary prescription, the requirement of possessing as owner, loss of possession of community property, presumption of ownership outside of title contests, presumption of ownership as to co-owners, and presumption of ownership of community property. The conclusion will case a glance at the next revision.


About the Author

Lee Hargrave. Wex S. Malone Professor of Law, Louisiana State University.

Citation

73 Tul. L. Rev. 1197 (1999)