Legal Question in Real Estate Law in Louisiana

My cousin had a cedar chest in storage i was paying the storage fees then i couldnt anymore so i told her she said let it go she couldnt pay it either so i took the chest home with me now seven years later she wants it back When she said to let the storage go and everything in it Do i have to give it to her If i wouldnt have taken it it would have gone to the storage place

Asked on 7/12/11, 5:58 pm

2 Answers from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

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That is an interesting case. There are several issues in play in your case. It almost sounds like a law school exam question.

Louisiana law states that one acquires ownership of movable property (like a chest) after possesssing it for 3 years if you are acting in good faith and 10 years if you are acting in bad faith. You have a good claim that you are acting in good faith, as your cousin disclaimed the property after you told her she had to pick it up. Additionally, you also have a claim that your cousin abandoned the property and discarded it, leaving it available for you to take immediately.

Your cousin does have an argument too--that you were not in good faith since you knew the property was hers. Thus, it is not yours until you have possessed it for 10 years. Since 10 years have not passed, she can claim that she still owns it.

Even if she is successful in claiming ownership, you would likely still have a claim for storage fees for all this time, which would likely be more than the chest is worth.

I think you have the better argument that the chest is now yours (especially given the abandonment angle). Still, it could go either way.

Answered on 7/14/11, 9:07 am

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