Louisiana Civil Code

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TITLE VI – BOUNDARIES

 

CHAPTER 1 - GENERAL PRINCIPLES

Art. 784. A boundary is the line of separation between contiguous lands. A boundary marker is a natural or artificial object that marks on the ground the line of separation of contiguous lands. [Acts 1977, No. 169, §1]

Art. 785. The fixing of the boundary may involve determination of the line of separation between contiguous lands, if it is uncertain or disputed; it may also involve the placement of markers on the ground, if markers were never placed, were wrongly placed, or are no longer to be seen.

The boundary is fixed in accordance with the following rules. [Acts 1977, No. 169, §1]

Art. 786. The boundary may be fixed upon the demand of an owner or of one who possesses as owner. It may also be fixed upon the demand of a usufructuary but it is not binding upon the naked owner unless he has been made a party to the proceeding. [Acts 1977, No. 169, §1]

Art. 787. When necessary to protect his interest, a lessee may compel the lessor to fix the boundary of the land subject to the lease. [Acts 1977, No. 169, §1]

Art. 788. The right to compel the fixing of the boundary between contiguous lands is imprescriptible. [Acts 1977, No. 169, §1]

Art. 789. The boundary may be fixed judicially or extrajudicially. It is fixed extrajudicially when the parties, by written agreement, determine the line of separation between their lands with or without reference to markers on the ground. [Acts 1977, No. 169, §1]

Art. 790. When the boundary is fixed extrajudicially costs are divided equally between the adjoining owners in the absence of contrary agreement. When the boundary is fixed judicially court costs are taxed in accordance with the rules of the Code of Civil Procedure. Expenses of litigation not taxed as court costs are borne by the person who has incurred them. [Acts 1977, No. 169, §1]

Art. 791. When the boundary has been marked judicially or extrajudicially, one who removes boundary markers without court authority is liable for damages. He may also be compelled to restore the markers to their previous location. [Acts 1977, No. 169, §1]

 

CHAPTER 2 - EFFECT OF TITLES, PRESCRIPTION, OR POSSESSION

Art. 792. The court shall fix the boundary according to the ownership of the parties; if neither party proves ownership, the boundary shall be fixed according to limits established by possession. [Acts 1977, No. 169, §1]

Art. 793. When both parties rely on titles only, the boundary shall be fixed according to titles. When the parties trace their titles to a common author preference shall be given to the more ancient title. [Acts 1977, No. 169, §1]

Art. 794. When a party proves acquisitive prescription, the boundary shall be fixed according to limits established by prescription rather than titles. If a party and his ancestors in title possessed for thirty years without interruption, within visible bounds, more land than their title called for, the boundary shall be fixed along these bounds. [Acts 1977, No. 169, §1]

Art. 795. When the boundary is fixed extrajudicially, the agreement of the parties has the effect of a compromise. [Acts 1977, No. 169, §1]

Art. 796. When visible markers have been erroneously placed by one of the contiguous owners alone, or not in accordance with a written agreement fixing the boundary, the error may be rectified by the court unless a contiguous owner has acquired ownership up to the visible bounds by thirty years possession. [Acts 1977, No. 169, §1]

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