reglab/housing_qa huggingface dataset:
LA Civ Code art. 3426 (2021)
2021 Louisiana Laws|Civil Code|Art. 3426. Constructive possession

One who possesses a part of an immovable by virtue of a title is deemed to have constructive possession within the limits of his title. In the absence of title, one has possession only of the area he actually possesses.  Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3427 (2021)
2021 Louisiana Laws|Civil Code|Art. 3427. Presumption of intent to own the thing

One is presumed to intend to possess as owner unless he began to possess in the name of and for another. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3428 (2021)
2021 Louisiana Laws|Civil Code|Art. 3428. Acquisition of possession through another

One may acquire possession of a thing through another who takes it for him and in his name. The person taking possession must intend to do so for another. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3429 (2021)
2021 Louisiana Laws|Civil Code|Art. 3429. Exercise of possession by another

Possession may be exercised by the possessor or by another who holds the thing for him and in his name. Thus, a lessor possesses through his lessee. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3430 (2021)
2021 Louisiana Laws|Civil Code|Art. 3430. Juridical persons

A juridical person acquires possession through its representatives. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3431 (2021)
2021 Louisiana Laws|Civil Code|Art. 3431. Retention of possession; civil possession

Once acquired, possession is retained by the intent to possess as owner even if the possessor ceases to possess corporeally. This is civil possession. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3432 (2021)
2021 Louisiana Laws|Civil Code|Art. 3432. Presumption of retention of possession

The intent to retain possession is presumed unless there is clear proof of a contrary intention. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3433 (2021)
2021 Louisiana Laws|Civil Code|Art. 3433. Loss of possession

Possession is lost when the possessor manifests his intention to abandon it or when he is evicted by another by force or usurpation. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3434 (2021)
2021 Louisiana Laws|Civil Code|Art. 3434. Loss of the right to possess

The right to possess is lost upon abandonment of possession. In case of eviction, the right to possess is lost if the possessor does not recover possession within a year of the eviction. When the right to possess is lost, possession is interrupted. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3435 (2021)
2021 Louisiana Laws|Civil Code|Art. 3435. Vices of possession

Possession that is violent, clandestine, discontinuous, or equivocal has no legal effect. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3436 (2021)
2021 Louisiana Laws|Civil Code|Art. 3436. Violent, clandestine, discontinuous, and equivocal possession

Possession is violent when it is acquired or maintained by violent acts. When the violence ceases, the possession ceases to be violent. Possession is clandestine when it is not open or public, discontinuous when it is not exercised at regular intervals, and equivocal when there is ambiguity as to the intent of the possessor to own the thing. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3437 (2021)
2021 Louisiana Laws|Civil Code|Art. 3437. Precarious possession

The exercise of possession over a thing with the permission of or on behalf of the owner or possessor is precarious possession. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3438 (2021)
2021 Louisiana Laws|Civil Code|Art. 3438. Presumption of precariousness

A precarious possessor, such as a lessee or a depositary, is presumed to possess for another although he may intend to possess for himself. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3439 (2021)
2021 Louisiana Laws|Civil Code|Art. 3439. Termination of precarious possession

A co-owner, or his universal successor, commences to possess for himself when he demonstrates this intent by overt and unambiguous acts sufficient to give notice to his co-owner. Any other precarious possessor, or his universal successor, commences to possess for himself when he gives actual notice of this intent to the person on whose behalf he is possessing. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3440 (2021)
2021 Louisiana Laws|Civil Code|Art. 3440. Protection of precarious possession

Where there is a disturbance of possession, the possessory action is available to a precarious possessor, such as a lessee or a depositary, against anyone except the person for whom he possesses. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3441 (2021)
2021 Louisiana Laws|Civil Code|Art. 3441. Transfer of possession

Possession is transferable by universal title or by particular title. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3442 (2021)
2021 Louisiana Laws|Civil Code|Art. 3442. Tacking of possession

The possession of the transferor is tacked to that of the transferee if there has been no interruption of possession. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3443 (2021)
2021 Louisiana Laws|Civil Code|Art. 3443. Presumption of continuity of possession

One who proves that he had possession at different times is presumed to have possessed during the intermediate period. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3444 (2021)
2021 Louisiana Laws|Civil Code|Art. 3444. Possessory action

Possession of immovables is protected by the possessory action, as provided in Articles 3655 through 3671 of the Code of Civil Procedure. Possession of movables is protected by the rules of the Code of Civil Procedure that govern civil actions. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3445 (2021)
2021 Louisiana Laws|Civil Code|Art. 3445. Kinds of prescription

There are three kinds of prescription: acquisitive prescription, liberative prescription, and prescription of nonuse. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3446 (2021)
2021 Louisiana Laws|Civil Code|Art. 3446. Acquisitive prescription

Acquisitive prescription is a mode of acquiring ownership or other real rights by possession for a period of time. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3447 (2021)
2021 Louisiana Laws|Civil Code|Art. 3447. Liberative prescription

Liberative prescription is a mode of barring of actions as a result of inaction for a period of time. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3448 (2021)
2021 Louisiana Laws|Civil Code|Art. 3448. Prescription of nonuse

Prescription of nonuse is a mode of extinction of a real right other than ownership as a result of failure to exercise the right for a period of time. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3449 (2021)
2021 Louisiana Laws|Civil Code|Art. 3449. Renunciation of prescription

Prescription may be renounced only after it has accrued. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3450 (2021)
2021 Louisiana Laws|Civil Code|Art. 3450. Express or tacit renunciation

Renunciation may be express or tacit. Tacit renunciation results from circumstances that give rise to a presumption that the advantages of prescription have been abandoned. Nevertheless, with respect to immovables, renunciation of acquisitive prescription must be express and in writing. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3451 (2021)
2021 Louisiana Laws|Civil Code|Art. 3451. Capacity to renounce

To renounce prescription, one must have capacity to alienate. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3452 (2021)
2021 Louisiana Laws|Civil Code|Art. 3452. Necessity for pleading prescription

  Prescription must be pleaded. Except as otherwise provided by legislation, courts may not supply a plea of prescription.  Acts 1982, No. 187, §1, eff. Jan. 1, 1983; Acts 2021, No. 259, §1.
LA Civ Code art. 3453 (2021)
2021 Louisiana Laws|Civil Code|Art. 3453. Rights of creditors and other interested parties

Creditors and other persons having an interest in the acquisition of a thing or in the extinction of a claim or of a real right by prescription may plead prescription, even if the person in whose favor prescription has accrued renounces or fails to plead prescription. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3454 (2021)
2021 Louisiana Laws|Civil Code|Art. 3454. Computation of time

In computing a prescriptive period, the day that marks the commencement of prescription is not counted. Prescription accrues upon the expiration of the last day of the prescriptive period, and if that day is a legal holiday, prescription accrues upon the expiration of the next day that is not a legal holiday. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3455 (2021)
2021 Louisiana Laws|Civil Code|Art. 3455. Computation of time by months

If the prescriptive period consists of one or more months, prescription accrues upon the expiration of the day of the last month of the period that corresponds with the date of the commencement of prescription, and if there is no corresponding day, prescription accrues upon the expiration of the last day of the period. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3456 (2021)
2021 Louisiana Laws|Civil Code|Art. 3456. Computation of time by years

If a prescriptive period consists of one or more years, prescription accrues upon the expiration of the day of the last year that corresponds with the date of the commencement of prescription. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3457 (2021)
2021 Louisiana Laws|Civil Code|Art. 3457. Prescription established by legislation only

There is no prescription other than that established by legislation. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3458 (2021)
2021 Louisiana Laws|Civil Code|Art. 3458. Peremption; effect

Peremption is a period of time fixed by law for the existence of a right. Unless timely exercised, the right is extinguished upon the expiration of the peremptive period. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3459 (2021)
2021 Louisiana Laws|Civil Code|Art. 3459. Application of rules of prescription

The provisions on prescription governing computation of time apply to peremption. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3460 (2021)
2021 Louisiana Laws|Civil Code|Art. 3460. Peremption need not be pleaded

Peremption may be pleaded or it may be supplied by a court on its own motion at any time prior to final judgment. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3461 (2021)
2021 Louisiana Laws|Civil Code|Art. 3461. Renunciation, interruption, or suspension ineffective

Peremption may not be renounced, interrupted, or suspended. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3462 (2021)
2021 Louisiana Laws|Civil Code|Art. 3462. Interruption by filing of suit or by service of process

Prescription is interrupted when the owner commences action against the possessor, or when the obligee commences action against the obligor, in a court of competent jurisdiction and venue. If action is commenced in an incompetent court, or in an improper venue, prescription is interrupted only as to a defendant served by process within the prescriptive period. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3463 (2021)
2021 Louisiana Laws|Civil Code|Art. 3463. Duration of interruption; abandonment or discontinuance of suit

  A. An interruption of prescription resulting from the filing of a suit in a competent court and in the proper venue or from service of process within the prescriptive period continues as long as the suit is pending.  B. Interruption is considered never to have occurred if the plaintiff abandons the suit, voluntarily dismisses the suit at any time either before the defendant has made any appearance of record or thereafter, or fails to prosecute the suit at the trial. The dismissal of a suit pursuant to a compromise does not constitute a voluntary dismissal.  Acts 1982, No. 187, §1, eff. Jan. 1, 1983; Acts 1999, No. 1263, §2, eff. Jan. 1, 2000; Acts 2018, No. 443, §1; Acts 2021, No. 414, §1.
LA Civ Code art. 3464 (2021)
2021 Louisiana Laws|Civil Code|Art. 3464. Interruption by acknowledgment

Prescription is interrupted when one acknowledges the right of the person against whom he had commenced to prescribe. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3465 (2021)
2021 Louisiana Laws|Civil Code|Art. 3465. Interruption of acquisitive prescription

Acquisitive prescription is interrupted when possession is lost. The interruption is considered never to have occurred if the possessor recovers possession within one year or if he recovers possession later by virtue of an action brought within the year. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3466 (2021)
2021 Louisiana Laws|Civil Code|Art. 3466. Effect of interruption

If prescription is interrupted, the time that has run is not counted. Prescription commences to run anew from the last day of interruption. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3467 (2021)
2021 Louisiana Laws|Civil Code|Art. 3467. Persons against whom prescription runs

Prescription runs against all persons unless exception is established by legislation. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3468 (2021)
2021 Louisiana Laws|Civil Code|Art. 3468. Incompetents

Prescription runs against absent persons and incompetents, including minors and interdicts, unless exception is established by legislation. Acts 1983, No. 173, §3, eff. Jan. 1, 1984; Acts 1991, No. 107, §1.
LA Civ Code art. 3469 (2021)
2021 Louisiana Laws|Civil Code|Art. 3469. Suspension of prescription

Prescription is suspended as between: the spouses during marriage, parents and children during minority, tutors and minors during tutorship, and curators and interdicts during interdiction, and caretakers and minors during minority. A "caretaker" means a person legally obligated to provide or secure adequate care for a child, including a tutor, guardian, or legal custodian. Acts 1988, No. 676, §1. {{NOTE: SEE ACTS 1988, NO. 676, §2.}
LA Civ Code art. 3470 (2021)
2021 Louisiana Laws|Civil Code|Art. 3470. Prescription during delays for inventory; vacant succession

Prescription runs during the delay the law grants to a successor for making an inventory and for deliberating. Nevertheless, it does not run against a beneficiary successor with respect to his rights against the succession. Prescription runs against a vacant succession even if an administrator has not been appointed. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3471 (2021)
2021 Louisiana Laws|Civil Code|Art. 3471. Limits of contractual freedom

A juridical act purporting to exclude prescription, to specify a longer period than that established by law, or to make the requirements of prescription more onerous, is null. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3472 (2021)
2021 Louisiana Laws|Civil Code|Art. 3472. Effect of suspension

The period of suspension is not counted toward accrual of prescription. Prescription commences to run again upon the termination of the period of suspension. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3472.1 (2021)
2021 Louisiana Laws|Civil Code|Art. 3472.1. Emergency suspension of prescription and peremption

  A. Notwithstanding any other provisions of the law, in the event the governor declares a state of emergency or disaster pursuant to R.S. 29:721 through 772, the Supreme Court of Louisiana may enter an order or series of orders as deemed necessary and appropriate to suspend all prescriptive and peremptive periods for a period of time not to exceed ninety days. Thereafter, should the need for continuing suspension be necessary to preserve access to the courts, the governor may issue executive orders as deemed appropriate. The period of suspension authorized by the provisions of this Article shall terminate upon the earlier of an order of the Supreme Court of Louisiana or upon termination of the declared state of disaster or emergency. Nothing in this Article limits the authority of the governor or the legislature to act in accordance with its authority.  B. The right to file any pleading subject to the suspension as provided by Paragraph A of this Article shall terminate sixty days after the termination of the suspension as provided by Paragraph A of this Article.  Acts 2020, 1st Ex. Sess., No. 3, §1, eff. June 25, 2020.
LA Civ Code art. 3473 (2021)
2021 Louisiana Laws|Civil Code|Art. 3473. Prescription of ten years

Ownership and other real rights in immovables may be acquired by the prescription of ten years. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3474 (2021)
2021 Louisiana Laws|Civil Code|Art. 3474. Incompetents

This prescription runs against absent persons and incompetents, including minors and interdicts. Acts 1982, No. 187, §1, eff. Jan. 1, 1983; Acts 1991, No. 107, §1.
LA Civ Code art. 3475 (2021)
2021 Louisiana Laws|Civil Code|Art. 3475. Requisites

The requisites for the acquisitive prescription of ten years are: possession of ten years, good faith, just title, and a thing susceptible of acquisition by prescription. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3476 (2021)
2021 Louisiana Laws|Civil Code|Art. 3476. Attributes of possession

The possessor must have corporeal possession, or civil possession preceded by corporeal possession, to acquire a thing by prescription. The possession must be continuous, uninterrupted, peaceable, public, and unequivocal. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3477 (2021)
2021 Louisiana Laws|Civil Code|Art. 3477. Precarious possessor; inability to prescribe

Acquisitive prescription does not run in favor of a precarious possessor or his universal successor. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3478 (2021)
2021 Louisiana Laws|Civil Code|Art. 3478. Termination of precarious possession; commencement of prescription

A co-owner, or his universal successor, may commence to prescribe when he demonstrates by overt and unambiguous acts sufficient to give notice to his co-owner that he intends to possess the property for himself. The acquisition and recordation of a title from a person other than a co-owner thus may mark the commencement of prescription. Any other precarious possessor, or his universal successor, may commence to prescribe when he gives actual notice to the person on whose behalf he is possessing that he intends to possess for himself. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3479 (2021)
2021 Louisiana Laws|Civil Code|Art. 3479. Particular successor of precarious possessor

A particular successor of a precarious possessor who takes possession under an act translative of ownership possesses for himself, and prescription runs in his favor from the commencement of his possession. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3480 (2021)
2021 Louisiana Laws|Civil Code|Art. 3480. Good faith

For purposes of acquisitive prescription, a possessor is in good faith when he reasonably believes, in light of objective considerations, that he is owner of the thing he possesses. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3481 (2021)
2021 Louisiana Laws|Civil Code|Art. 3481. Presumption of good faith

Good faith is presumed. Neither error of fact nor error of law defeats this presumption. This presumption is rebutted on proof that the possessor knows, or should know, that he is not owner of the thing he possesses. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3482 (2021)
2021 Louisiana Laws|Civil Code|Art. 3482. Good faith at commencement of prescription

It is sufficient that possession has commenced in good faith; subsequent bad faith does not prevent the accrual of prescription of ten years. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3483 (2021)
2021 Louisiana Laws|Civil Code|Art. 3483. Just title

A just title is a juridical act, such as a sale, exchange, or donation, sufficient to transfer ownership or another real right. The act must be written, valid in form, and filed for registry in the conveyance records of the parish in which the immovable is situated. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3484 (2021)
2021 Louisiana Laws|Civil Code|Art. 3484. Transfer of undivided part of an immovable

A just title to an undivided interest in an immovable is such only as to the interest transferred. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3485 (2021)
2021 Louisiana Laws|Civil Code|Art. 3485. Things susceptible of prescription

All private things are susceptible of prescription unless prescription is excluded by legislation. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3486 (2021)
2021 Louisiana Laws|Civil Code|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.
LA Civ Code art. 3487 (2021)
2021 Louisiana Laws|Civil Code|Art. 3487. Restriction as to extent of possession

For purposes of acquisitive prescription without title, possession extends only to that which has been actually possessed. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3488 (2021)
2021 Louisiana Laws|Civil Code|Art. 3488. Applicability of rules governing prescription of ten years

The rules governing acquisitive prescription of ten years apply to the prescription of thirty years to the extent that their application is compatible with the prescription of thirty years. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3489 (2021)
2021 Louisiana Laws|Civil Code|Art. 3489. Movables; acquisitive prescription

Ownership and other real rights in movables may be acquired either by the prescription of three years or by the prescription of ten years. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3490 (2021)
2021 Louisiana Laws|Civil Code|Art. 3490. Prescription of three years

One who has possessed a movable as owner, in good faith, under an act sufficient to transfer ownership, and without interruption for three years, acquires ownership by prescription. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3491 (2021)
2021 Louisiana Laws|Civil Code|Art. 3491. Prescription of ten years

One who has possessed a movable as owner for ten years acquires ownership by prescription. Neither title nor good faith is required for this prescription. Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
LA Civ Code art. 3492 (2021)
2021 Louisiana Laws|Civil Code|Art. 3492. Delictual actions

Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage. Acts 1992, No. 621, §1.
LA Civ Code art. 3493 (2021)
2021 Louisiana Laws|Civil Code|Art. 3493. Damage to immovable property; commencement and accrual of prescription

When damage is caused to immovable property, the one year prescription commences to run from the day the owner of the immovable acquired, or should have acquired, knowledge of the damage. Acts 1983, No. 173, §1, eff. Jan. 1, 1984.
LA Civ Code art. 3493.10 (2021)
2021 Louisiana Laws|Civil Code|Art. 3493.10. Delictual actions; two-year prescription; criminal act

  Delictual actions which arise due to damages sustained as a result of an act defined as a crime of violence under Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950, except as provided in Article 3496.2, are subject to a liberative prescription of two years. This prescription commences to run from the day injury or damage is sustained.  Acts 1999, No. 832, §1; Acts 2016, No. 629, §1.