Possessory Action Law and Legal Definition

Possessory Action

Possessory Action is an action to obtain, recover, or maintain physical possession of property, and not title to it. Generally, possessory action is instituted to evict a non paying tenant.

Example of a State Statute (Louisiana) on Possessory Action.

In Louisiana, the possessory action is one brought by the possessor of immovable property or of a real right therein to be maintained in his possession of the property or enjoyment of the right when he has been disturbed, or to be restored to the possession or enjoyment thereof when he has been evicted.[La. C.C.P. Art. 3655]

In order to maintain the possessory action the possessor must allege and prove that:

  • He had possession of the immovable property or real right therein at the time the disturbance occurred;
  • He and his ancestors in title had such possession quietly and without interruption for more than a year immediately prior to the disturbance, unless evicted by force or fraud;
  • The disturbance was one in fact or in law, as defined in Article 3659; and
  • The possessory action was instituted within a year of the disturbance.[ La. C.C.P. Art. 3658]