Petitory Action Law and Legal Definition

Petitory action is an action to establish and enforce title to property independent of the right to possession. It is a legal proceeding in which, the plaintiff seeks to establish and enforce title to property. Petitory action must be based on a claim of legal title to the property, and not on a mere equitable interest in the property.

The following is an example of a State Statute (Louisiana) on Petitory Action

Under Louisiana civil law, Petitory Action is a proceeding instituted by an alleged owner who does not have possession to determine ownership against one in possession.

The relevant law as it appears in the statute

La. C.C.P. Art. 3651. Petitory action

The Petitory action is one brought by a person who claims the ownership, but who is not in possession, of immovable property or of a real right therein, against another who is in possession or who claims the ownership thereof adversely, to obtain judgment recognizing the plaintiff's ownership.