Annual Institute on Mineral Law
Article Title
In the Courthouse or the Courtroom: The ABC’s and Nuances of Acquisitive Prescription and Possession
Abstract
As lawyers, landmen and landowners, Louisiana law of acquisitive prescription influences many aspects of our daily practice, duties and concerns. For lawyers it arises in the context of examining title and litigation of title issues. For landmen it guides leasing activities, building of abstracts and drafting of possession statements, sometimes subtly and sometimes directly. For landowners, especially owners of large tracts of land in rural areas, its application arises in the context of establishing, maintaining and protecting ones ownership interest in such immovable property. The law of acquisitive prescription entails many different subcategories and requirements such as just title, good faith, possession, tacking of possession, sufficiency of property descriptions and many others. While this paper discusses the basic framework and requirements for acquisitive prescription, the primary focus is possession of immovable property. While the other aspects of acquisitive prescription mentioned are obviously important, the subject of possession, and how that issue is dealt with by our courts in litigation, serves as the foundation of one‘s claim to possession and/or ownership by acquisitive prescription.
Repository Citation
Manuel, Jamie S.
(2012)
"In the Courthouse or the Courtroom: The ABC’s and Nuances of Acquisitive Prescription and Possession,"
Annual Institute on Mineral Law:
Vol. 59, Article 7.
Available at:
http://digitalcommons.law.lsu.edu/mli_proceedings/vol59/iss1/7