Louisiana Statewide Rule
Louisiana Acquisitive Prescription (Squatter's Rights)
Key Facts
- Default period
- 30 years (La. Civ. Code art. 3486)
- Shortened period
- 10 years with good faith + just title (art. 3473)
- 30-year requirements
- No title or good faith needed
- Possession quality
- Continuous, peaceable, public, unequivocal
- Removal method
- Eviction (La. C.C.P. art. 4701)
Summary
Louisiana uses acquisitive prescription, not adverse possession. Under La. Civ. Code art. 3486, ownership of immovables may be acquired by 30 years' possession with no title or good faith required. La. Civ. Code art. 3473 allows acquisition in just 10 years if the possessor has good faith and just title.
Art. 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. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
Full Breakdown
Louisiana's Civil Code governs squatter claims through acquisitive prescription. La. Civ. Code art. 3486 provides that '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.' The shorter route, La. Civ. Code art. 3473, states 'ownership and other real rights in immovables may be acquired by the prescription of ten years' but requires the possessor to have good faith and just title (a juridical act sufficient to transfer ownership) under arts. 3475-3479. In both cases the possession must be continuous, uninterrupted, peaceable, public, and unequivocal. A short-term squatter with no title gains nothing; an owner removes a non-tenant occupant through the eviction process (La. C.C.P. art. 4701 and following).
Violations & Penalties
No specific statutory penalty. A failed prescription claimant or trespasser is removed by court order through the eviction process; no fine attaches to an unsuccessful possession claim.
Frequently Asked Questions
How long must a squatter possess property to claim it in Louisiana?
What is acquisitive prescription in Louisiana?
How does a Louisiana owner remove a squatter?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.