Legal Question in Real Estate Law in Louisiana

Does acquisitive prescription applies when you have told a person to move their stuff off your land several times and each time you tell them, they add something else on your property as if they were deliberating trying to possess tour property? Also, is this law legal in Louisiana?

Asked on 5/10/16, 11:17 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Yes, it does. If you have told them to move and they have refused, they are possessing your land as an owner adversely to you. Depending on whether they have some sort of title and depending on whether they in good faith believe they may own the property or not, they could obtain ownership of the property in either 10 or 30 years from when they took possession. And, if they took possession from someone else (say, their father, who was possessing the property before them, or someone who "sold" them the property), they may be able to "tack" on that other person's possesion to get to the required prescription period.

You need to talk to a lawyer in that local parish immediately and have them evicted through the eviction process and/or a peditory action. You should not delay in doing that, as it certainly sounds like they are adversely possessing your property now!

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Answered on 5/13/16, 6:34 am

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