Real Action Law and Legal Definition

A real action means an action brought for the recovery of land or real property.

In Civil law it refers to an action brought for protecting a real right, namely, the right of ownership and its dismemberments. Under Louisiana law it refers to an action brought for the protection of possession, ownership or other real rights in immovable property. It is an action to determine ownership or possession.

Example of a real action in Louisiana

La. C.C.P. Art. 3651. [Louisiana Code of Civil Procedure; Book 7 Special Proceedings; Title 2 Real Action]

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.