Squatters Rights Louisiana Summary
Statutory Period
30 years without title or good faith; 10 years with just title and good faith
Primary Statute
Louisiana Civil Code Articles 3446-3493
Additional Requirements
- Possession must be continuous, uninterrupted, peaceable, public, and unequivocal
- Just title (for 10-year period)
- Good faith (for 10-year period)
- Possession within visible, discernible bounds
Squatters Rights 30 Days Louisiana
There is a pervasive misconception that squatters in Louisiana can gain legal rights after just a month of occupation. This claim is completely false and has no basis in Louisiana state law. Understanding the actual legal requirements is important for both property owners and occupants.
Origins of the 30-Day Myth in Louisiana
This misinformation stems from several sources:
- Confusion with tenant laws: Louisiana's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of acquisitive prescription: The actual statutory period for acquisitive prescription (Louisiana's term for adverse possession) is either 30 years without just title or good faith, or 10 years with just title and good faith.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
Louisiana's 2025 Squatter Removal Process
Louisiana law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Louisiana's criminal trespass laws
- For situations requiring court action, Louisiana offers a specialized eviction process
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Louisiana has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: Louisiana's acquisitive prescription laws remain unchanged, requiring either 30 years of possession without just title or good faith, or 10 years with just title and good faith. A recent Louisiana Supreme Court case, 1026 Conti Holding, LLC v. 1025 Bienville, LLC (2023), illustrates how difficult it is to acquire ownership by acquisitive prescription, particularly in cases where the possessor may be considered a "precarious possessor" (someone who possesses with permission or on behalf of the true owner).
Overview of Acquisitive Prescription in Louisiana
Key information about Louisiana's civil law approach to adverse possession
Unlike common law states that use the term "adverse possession," Louisiana follows a civil law system and uses "acquisitive prescription" for the legal concept of gaining ownership through possession over time. This system has unique features and terminology that distinguish it from other states.
Statutory Time Requirements
Louisiana's Civil Code provides two distinct timeframes for acquisitive prescription:
- 30 years: Standard acquisitive prescription period without need for just title or good faith (Civil Code Article 3486)
- 10 years: Shortened period if the possessor has just title and is in good faith (Civil Code Articles 3473-3475)
These periods must be continuous and uninterrupted. Any legal interruption of possession restarts the clock on the prescription period.
Reference: Louisiana Civil Code
Common Law Elements
Though Louisiana uses civil law terminology, the requirements are similar to common law elements in other states:
- Continuous: Possession without significant gaps over the statutory period
- Uninterrupted: No legal actions or acknowledgments that disrupt possession
- Peaceable: Possession obtained and maintained without violence
- Public: Visible possession that would be apparent to the true owner
- Unequivocal: Clear intention to possess as owner, not as tenant or agent
- Within visible bounds: Possession must occur within clearly defined boundaries
For 10-year prescription, the additional requirements of "just title" and "good faith" must also be met.
Louisiana's Civil Law System
Louisiana's approach to adverse possession differs fundamentally from other states:
- Uses the term "acquisitive prescription" rather than "adverse possession"
- Based on the French Napoleonic Code rather than English common law
- Distinguishes between "just title" (valid form but defective) and "legal title"
- Recognizes both "corporeal possession" (physical) and "civil possession" (legal)
- Explicitly defines "good faith" as an honest belief in ownership
- Requires possession to be continuous, uninterrupted, peaceable, public, and unequivocal
This civil law framework makes Louisiana's property acquisition system unique among U.S. states, with concepts and terminology that differ significantly from common law jurisdictions.
Louisiana Acquisitive Prescription Statutes
Louisiana Civil Code Article 3473. Prescription of Ten Years
Ownership and other real rights in immovables may be acquired by the prescription of ten years.
Louisiana Civil Code Article 3475. Requisites
The requisites for the acquisitive prescription of ten years are: possession of ten years, good faith, just title, and a thing susceptible of acquisition by prescription.
Louisiana Civil Code Article 3476. Attributes of Possession
The possession must be continuous, uninterrupted, peaceable, public, and unequivocal.
Louisiana Civil Code Article 3480. Good Faith
For purposes of acquisitive prescription, a possessor is in good faith when he reasonably believes, in light of objective considerations, that he is the owner of the thing he possesses.
Louisiana Civil Code Article 3486. Immovables; Prescription of Thirty Years
Ownership and other real rights in immovables may be acquired by the prescription of thirty years without the need of just title or possession in good faith.
Important Legal Notes
- Louisiana courts consistently require strict proof of all elements for acquisitive prescription claims.
- Under Louisiana law, multiple periods of possession may be "tacked" together if there is privity between successive occupants.
- Acquisitive prescription claims in Louisiana must be initiated by filing an action to quiet title.
- Louisiana specifically exempts government-owned lands from acquisitive prescription claims.
- A recent Louisiana Supreme Court case (1026 Conti Holding, LLC v. 1025 Bienville, LLC) emphasizes the high bar for proving thirty-year acquisitive prescription.
Key Louisiana Acquisitive Prescription Cases
1026 Conti Holding, LLC v. 1025 Bienville, LLC (2023)
This recent Louisiana Supreme Court case illustrates how difficult it is to acquire ownership by thirty-year acquisitive prescription. The court held that a person enjoying the use of a servitude is a "precarious possessor," and acquisitive prescription does not run in favor of a precarious possessor. The case demonstrates that even after decades of use, a possessor must show clear evidence of adverse intentions communicated to the true owner to successfully claim ownership through acquisitive prescription.
Ford v. Handy (2024)
The Louisiana Second Circuit Court of Appeal affirmed the strength of Louisiana's acquisitive prescription doctrine in this case involving a family dispute over a one-acre parcel. The court found that a possessor met the requirements for ten-year acquisitive prescription when they reasonably believed they had proper title to the property, possessed it continuously for the statutory period, and satisfied the good faith requirement.
Heirs of John Beckwith LLC v. Sims (2021)
The Louisiana Fourth Circuit Court of Appeal held that a sale which does not convey ownership (because the seller was not the true owner) can still serve as just title for purposes of acquisitive prescription. This important ruling clarified that "just title" does not require a title from the true owner—otherwise, the doctrine of acquisitive prescription would be rendered useless.
Boudreaux v. Cummings (2016)
The Louisiana Supreme Court established that in claims involving servitudes (rights of way) across another's property, the claimant must prove that the servitude was exercised with the intent to possess as owner, not merely as a permissive use. This case strengthened the requirement that possession must be "adverse" to the true owner's interests to trigger acquisitive prescription.
Louisiana Acquisitive Prescription Procedures
Making an Acquisitive Prescription Claim
To establish acquisitive prescription in Louisiana, a claimant typically must:
- File an action to quiet title in the district court of the parish where the property is located
- Provide evidence meeting either:
- 30-year requirement under Civil Code Article 3486 (without need for just title or good faith), OR
- 10-year requirement under Civil Code Articles 3473-3475 (with just title and good faith)
- Demonstrate that possession was continuous, uninterrupted, peaceable, public, and unequivocal
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Prove that possession was within visible, discernible bounds
- Establish that the possessor intended to possess as owner (animus domini)
- Obtain a court judgment recognizing legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate parish recorder's office to establish clear title to the property.
Defending Against Acquisitive Prescription
Louisiana property owners can protect against acquisitive prescription claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property, which creates a "precarious possession" that cannot lead to acquisitive prescription
- Keeping property tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
- Filing an action to interrupt prescription if encroachments are discovered
Any action that interrupts the continuity of possession will restart the statutory period and prevent an acquisitive prescription claim from maturing.
Removing Unauthorized Occupants
Louisiana provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request assistance from law enforcement to remove unauthorized occupants under Louisiana's criminal trespass laws.
- Eviction Process: For situations that require court intervention:
- File a rule for possession (eviction) with the appropriate court
- Attend the hearing (typically scheduled within 3-5 days)
- Obtain a judgment of eviction if the court rules in your favor
- Have the sheriff execute the judgment to remove the unauthorized occupants
- Civil Action: Property owners can also file a possessory or petitory action to assert their ownership rights.
Important: Louisiana law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in Louisiana to claim acquisitive prescription?
In Louisiana, there are two timeframes for acquisitive prescription: 30 years without just title or good faith, or 10 years if the claimant has just title and is in good faith. The "30-day squatter's rights" claim is a myth - no one can gain ownership rights to your property after just 30 days of occupation.
What is "just title" in Louisiana acquisitive prescription law?
In Louisiana, "just title" refers to a written document (such as a deed or other instrument) that appears to transfer ownership but contains a defect that prevents the actual transfer of ownership. The title must be valid in form, apply to the property in question, and be filed in the public records. Having just title along with good faith reduces the required acquisitive prescription period from 30 years to 10 years.
What constitutes "good faith" for Louisiana acquisitive prescription?
Under Louisiana Civil Code Article 3480, a possessor is in good faith when they reasonably believe, in light of objective considerations, that they are the owner of the property they possess. This good faith requirement is assessed at the time possession begins. A possessor may be in good faith even if they made a mistake about their ownership, as long as the belief was reasonable.
Can I legally remove squatters from my property in Louisiana?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request law enforcement assistance. In other cases, you must use Louisiana's eviction process. "Self-help" methods like changing locks or cutting off utilities are illegal in Louisiana and could result in liability for the property owner.
Can someone claim acquisitive prescription against government-owned land in Louisiana?
No. Louisiana law specifically exempts land owned by the state of Louisiana, the federal government, parishes, municipalities, and other public entities from acquisitive prescription claims. This is particularly significant in Louisiana, where a large percentage of land is publicly owned.
What is a "precarious possessor" in Louisiana law?
A precarious possessor is someone who possesses property with the permission of or on behalf of the owner, such as a tenant, borrower, or caretaker. Under Louisiana Civil Code Article 3477, acquisitive prescription does not run in favor of a precarious possessor. This means that someone using your property with your permission cannot later claim ownership through acquisitive prescription unless they clearly communicate to you that they are no longer recognizing your ownership.