Louisiana Civil Code

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TITLE XXIII - OCCUPANCY AND POSSESSION

 

CHAPTER 1 – OCCUPANCY

Art. 3412. Occupancy is the taking of possession of a corporeal movable that does not belong to anyone. The occupant acquires ownership the moment he takes possession. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3413. Wild animals, birds, fish, and shellfish in a state of natural liberty either belong to the state in its capacity as a public person or are things without an owner. The taking of possession of such things is governed by particular laws and regulations.

The owner of a tract of land may forbid entry to anyone for purposes of hunting or fishing, and the like. Nevertheless, despite a prohibition of entry, captured wildlife belongs to the captor. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3414. If wild animals, birds, fish, or shellfish recover their natural liberty, the captor loses his ownership unless he takes immediate measures for their pursuit and recapture. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3415. Wild animals or birds within enclosures, and fish or shellfish in an aquarium or other private waters, are privately owned.

Pigeons, bees, fish, and shellfish that migrate into the pigeon house, hive, or pond of another belong to him unless the migration has been caused by inducement or artifice. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3416. Tamed wild animals and birds are privately owned as long as they have the habit of returning to their owner. They are considered to have lost the habit when they fail to return within a reasonable time. In such a case, they are considered to have recovered their natural liberty unless their owner takes immediate measures for their pursuit and recapture. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3417. Domestic animals that are privately owned are not subject to occupancy. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3418. One who takes possession of an abandoned thing with the intent to own it acquires ownership by occupancy. A thing is abandoned when its owner relinquishes possession with the intent to give up ownership. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3419. One who finds a corporeal movable that has been lost is bound to make a diligent effort to locate its owner or possessor and to return the thing to him.

If a diligent effort is made and the owner is not found within three years, the finder acquires ownership. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3420. One who finds a treasure in a thing that belongs to him or to no one acquires ownership of the treasure. If the treasure is found in a thing belonging to another, half of the treasure belongs to the finder and half belongs to the owner of the thing in which it was found.

A treasure is a movable hidden in another thing, movable or immovable, for such a long time that its owner cannot be determined. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

 

CHAPTER 2 - POSSESSION

 

SECTION 1 - NOTION AND KINDS OF POSSESSION

Art. 3421. Possession is the detention or enjoyment of a corporeal thing, movable or immovable, that one holds or exercises by himself or by another who keeps or exercises it in his name.

The exercise of a real right, such as a servitude, with the intent to have it as one's own is quasi-possession. The rules governing possession apply by analogy to the quasi-possession of incorporeals. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3422. Possession is a matter of fact; nevertheless, one who has possessed a thing for over a year acquires the right to possess it. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

Art. 3423. A possessor is considered provisionally as owner of the thing he possesses until the right of the true owner is established. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]

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