I want to pursue "adverse possession" over an area of land approximately 1500 square feet that I have openly used 7 years. Y o N

Asked almost 4 years ago - Denham Springs, LA

Said piece of land goes across the end of my driveway and, and has been used for parking by residents of my property for at least the last 30 years. I bought here 7 years ago. It also allows access to my private gravel driveway, that I made very clear 7 years ago that was not for use by anyone other than my family and guests. Period. I even went so far as to put up a gate and partial fencing of my gravel driveway to block access but I continue to have problems with them using my drive. Can I take this small area of land so I can put up a fence and permanently stop this trespassing. I know if I just put up a fence my neighbor wouldn't stand for that. But my family and friends, and even myself regularly park there and have for 7 years.

Attorney answers (2)

  1. Ronald E. Stutes

    Pro

    Contributor Level 13

    Answered . Adverse possession is a common law concept, and does not apply in Louisiana. The closest Louisiana concept is acquisitive prescription. Louisiana Civil Code Article 3476 provides:

    "The possessor must have corporeal possession, or civil possession preceded by corporeal possession, to acquire a thing by prescription.

    The possession must be continuous, uninterrupted, peaceable, public, and unequivocal."
    For a person acting in good faith -- that is, the person thinks he actually is the owner of the land -- the period needed to acquire the land is 10 years; for a person not acting in good faith, the period is 30 years. From your description, it appears that your situation fails to meet the requirements for acquisitive prescription.

  2. Teri A. Walter

    Contributor Level 19

    Answered . You may have a problem establishing an adverse possession claim if your use of the are has not been exclusive - in other words, the fact that your neighbors are using the area, too, may hurt your case. You need to talk to a lawyer in your area who is familiar with adverse possession.

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