More on possession.

by Chris on June 19, 2012

Keeping in line with the topic of possession of real property from the previous post, this is an examination of a procedure that supplements that same principle. As I’ve mentioned before, possession and ownership are two different things. The reason that possession is superior to ownership is because it aids in achieving the public policy of this state, which is to keep property in commerce.  One example that illustrates this point is in Louisiana Code of Civil Procedure Article 3654 where we see the same dynamic that is outlined in the Civil Code.

The heading of this article governs proof of title or proceedings where the issue of ownership is presented. The article sets out a list of legal proceedings including suits for declaratory judgment, concursus proceedings, expropriations, etc. which seems to indicate that these could be viable alternatives to the typical suit to quiet title. However, the most enlightening language of the article dictates how the court should render its judgment. Surprise, the statute gives primacy to the party “who would be entitled to the possession of the immovable”. . .”in a possessory action. . . .”

So, only knowing that Louisiana law favors possession over ownership, and without having any in depth knowledge of the civil code’s laws on the same, here is one example where the procedures and the substantive law are consistent. You can expect more posts on possession/ownership and how it relates to tax sales. Leave a comment or send me an e-mail if there is any other tax sale/real estate related topic you’re interested in.

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