Legal Question in Real Estate Law in Louisiana

I need the louisiana laws covering acquisitive prescription. I recently purchased land and there is an old pasture that a neighbor is using that extends onto my land and I want it removed. He has been there for thirty years but acknowledges the 1999 survey and his 1984 deed with boundaries. He claims the deed is wrong and that that portion of the land is his. He also acknowledges that the two previous land owners notified him of the encroachment but agreed to let him use the land for his horse. Any help with which statue covers this will be greatly appreciated.


Asked on 9/12/14, 11:18 am

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

You are going to need to make an appointment with an attorney and bring in all of your deeds, surveys, whatever you have. That is a very sticky situation you are in. Louisiana law allows even bad faith possessors of property to acquire ownership by 30 years' adverse possession. However, that possession can't count time where they acknowledged someone else's ownership (as that possession is not "adverse" to the owner). You really need to hire an attorney and file a petitory action to quiet your title and stop his adverse possession before he does acquire ownership (if he hasn't already).

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Answered on 9/23/14, 6:38 am


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