Louisiana Squatters Rights and Acquisitive Prescription Laws (2026)

Louisiana does not use the common-law doctrine of adverse possession. Instead, the state's civil-law system recognizes acquisitive prescription: ownership of immovable property passes to a possessor after either 30 years of open possession without title (La. Civ. Code art. 3486) or 10 years of possession in good faith under a just title (La. Civ. Code arts. 3473, 3475). Property owners can remove an unauthorized occupant through the civil eviction process, and since August 2024 they also have a criminal-law pathway under SB 466.

Information last verified on May 27, 2026. This article provides general legal information, not legal advice.

Jurisdiction scope: This article covers Louisiana state law only (civil law). For a comparison of all 50 states, see the national squatters rights guide.

Acquisitive Prescription in Louisiana: 30 Years and 10 Years

Why Louisiana Is Different

Louisiana derives its property law from the French and Spanish civil-law tradition rather than English common law. Where other states ask whether a possessor satisfied the "five elements" of adverse possession, Louisiana courts ask whether the possessor met the requirements of acquisitive prescription set out in the Louisiana Civil Code. The underlying policy is the same: long, open, undisturbed possession ripens into ownership. But the vocabulary, the structure of the analysis, and the role of good faith differ significantly.

The 30-Year Prescription (La. Civ. Code art. 3486)

Article 3486 states that ownership and other real rights in immovables may be acquired by the prescription of 30 years without the need of just title or possession in good faith.

This is the baseline rule. A person who takes and holds physical possession of a piece of Louisiana land for 30 continuous, uninterrupted years acquires ownership regardless of whether they ever had a deed or believed themselves to be the lawful owner. Because no title or good faith is required, this path is the one most relevant to a classic squatter scenario.

Louisiana imposes no requirement that the possessor pay property taxes during the 30-year period. Tax payment is relevant in many common-law states, but not here.

The 10-Year Prescription (La. Civ. Code arts. 3473, 3475)

Article 3473 provides that ownership and other real rights in immovables may also be acquired by the prescription of 10 years. Article 3475 sets out four mandatory requisites:

1. Possession for 10 years. The possessor must hold the property for at least 10 continuous, uninterrupted years.
2. Good faith. Under article 3480, a possessor acts in good faith when they reasonably believe, in light of objective considerations, that they are the owner of the thing they possess. Good faith is presumed under article 3481 but fails if the possessor knew or should have known they did not own the property.
3. Just title. Article 3483 defines just title as a written juridical act, such as a sale, exchange, or donation, that is sufficient to transfer ownership or another real right. The act must be valid in form and filed for registry in the conveyance records of the parish where the immovable is located.
4. A thing susceptible of acquisition by prescription. Certain public-domain property is exempt.

Because a true squatter typically has no deed or other written instrument filed in the conveyance records, the 10-year path is rarely available to them. The 30-year path is the operative one for most unauthorized-occupancy disputes.

Elements of Possession Under the Civil Code

Whether the claim arises under the 10-year or 30-year prescription, the possessor must establish valid possession. Articles 3424 through 3426 set out the foundational rules:

• Article 3424: To acquire possession, a person must intend to possess as owner and must take corporeal possession of the thing.
• Article 3425: Corporeal possession is the exercise of physical acts of use, detention, or enjoyment over the thing.
• Article 3426: A person who possesses part of an immovable by virtue of a title is deemed to have constructive possession within the limits of that title. Without a title, possession extends only to the area actually possessed.

Article 3476 adds that, for the 10-year prescription, possession must be continuous, uninterrupted, peaceable, public, and unequivocal. Louisiana courts apply similar standards to the 30-year prescription by analogy.

Note that Louisiana does not use the common-law "five elements" framing (actual, open and notorious, exclusive, hostile, continuous). Instead, courts analyze the civil-code requirements of corporeal possession, intent to possess as owner, and the attributes listed in article 3476. The functional result is similar, but the legal analysis is structurally distinct.

How to Remove a Squatter in Louisiana

The Civil Eviction Process

The primary mechanism for removing an unauthorized occupant is the civil eviction procedure found in Title XI of the Louisiana Code of Civil Procedure (arts. 4701-4735).

Step 1: Serve a 5-day written notice to vacate. Article 4702 requires the property owner to deliver a written notice to the occupant allowing five days from delivery to vacate. This notice must be in writing and must be delivered to the occupant personally or, if personal delivery is not possible, by posting at the premises.

Step 2: File a rule to show cause. If the occupant does not vacate within five days, article 4731 authorizes the owner to file a rule to show cause in a court of competent jurisdiction. The rule to show cause cites the occupant to appear and explain why they should not be ordered to deliver possession of the premises.

Step 3: Court hearing and judgment. The court holds a summary hearing. If the owner proves the occupant has no legal right to remain, the court issues a judgment of eviction. The occupant is then given a short period to leave voluntarily before a writ of possession is issued to the constable or sheriff.

Step 4: Writ of possession. If the occupant still refuses to leave, the constable or sheriff enforces the writ by removing the occupant and their belongings.

This process is typically faster than a standard civil suit, but it still requires court involvement. Louisiana does not permit self-help eviction. A property owner who locks out an occupant, removes their belongings, or shuts off utilities without a court order can face civil liability.

SB 466 (2024): The Criminal Pathway

Louisiana Act 2024 No. 466 (Senate Bill 466), effective August 1, 2024, created an important parallel pathway. The law amends Louisiana's criminal trespass statute to provide that remaining on property for more than five days after being served a valid notice to vacate constitutes criminal trespass. It also permits a court to issue a temporary restraining order (TRO) without prior notice when a property owner or their agent asserts that a person with no legal interest in the property is denying them use and enjoyment of that property.

Key points for property owners:

• After serving the 5-day civil notice under article 4702, if the occupant refuses to leave, the owner may also contact law enforcement to report criminal trespass under SB 466.
• A TRO can be obtained on an expedited basis, without the normal notice requirement, when the owner demonstrates a possessory or ownership interest and the occupant has none.
• Criminal penalties fall under R.S. 14:63's existing misdemeanor trespass schedule: up to a $500 fine and up to 30 days for a first offense, a $300 to $750 fine and up to 90 days for a second offense, and a $500 to $1,000 fine plus 60 days to 6 months for a third or subsequent offense. SB 466 did not create a new, harsher penalty tier; it added the 5-day-after-notice definition of trespass to the existing statute.

The civil eviction process remains the standard first step. SB 466 adds a criminal enforcement tool that law enforcement can use once the 5-day notice period has expired.

No Tax-Payment Shortcut

Some states allow a property owner to quickly establish that a squatter cannot claim adverse possession by demonstrating nonpayment of taxes. Louisiana has no such provision. The absence of a tax-payment requirement in the civil code cuts both ways: it neither helps squatters nor gives owners a fast statutory defense based on taxes.

Legal disclaimer: The information on this page is a general summary of Louisiana law as of May 2026. It is not legal advice. Acquisitive prescription and eviction law involve fact-specific analyses. Consult a licensed Louisiana attorney for guidance on your specific situation.

Sources

• La. Civ. Code art. 3486 - Acquisitive prescription of 30 years (legis.la.gov)
• La. Civ. Code art. 3473 - Ten-year acquisitive prescription (legis.la.gov)
• La. Civ. Code art. 3475 - Requisites for 10-year prescription (legis.la.gov)
• La. Civ. Code art. 3480 - Good faith defined (legis.la.gov)
• La. Civ. Code art. 3481 - Presumption of good faith (legis.la.gov)
• La. Civ. Code art. 3482 - Subsequent bad faith (legis.la.gov)
• La. Civ. Code art. 3483 - Just title defined (legis.la.gov)
• La. Civ. Code art. 3424 - Acquisition of possession (legis.la.gov)
• La. Civ. Code art. 3425 - Corporeal possession defined (legis.la.gov)
• La. Civ. Code art. 3426 - Constructive possession (legis.la.gov)
• La. Civ. Code art. 3476 - Possession requirements for 10-year prescription (legis.la.gov)
• La. Code Civ. Proc. art. 4702 - Notice to occupant to vacate (legis.la.gov)
• La. Code Civ. Proc. art. 4731 - Rule to show cause (legis.la.gov)
• Louisiana Act 2024 No. 466 (SB 466) - Criminal trespass and squatter removal (legis.la.gov)
• LSU Law Center, Louisiana Civil Code Online (lcco.law.lsu.edu)

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Published by RecordingLaw.com. For general legal information only. Not legal advice.

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