CCP 3658     

Art. 3658.  Same; requisites

To maintain the possessory action the possessor must allege and prove that:

(1)  He had possession of the immovable property or real right therein at the time the disturbance occurred;

(2)  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;

(3)  The disturbance was one in fact or in law, as defined in Article 3659; and

(4)  The possessory action was instituted within a year of the disturbance.

Amended by Acts 1981, No. 256, §1.