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      CCP 3653     

  

Art. 3653. Same; proof of title; immovable

            A. To obtain a judgment recognizing his ownership of immovable property or real right therein, the plaintiff in a petitory action shall:

            (1) Prove that he has acquired ownership from a previous owner or by acquisitive prescription, if the court finds that the defendant has been in possession for one year after having commenced possession in good faith and with just title or that the defendant has been in possession for ten years.

            (2) Prove a better title thereto than the defendant in all other cases.

            B. When the titles of the parties are traced to a common author, the common author is presumed to be the previous owner.

            Amended by Acts 1981, No. 256, §1; Acts 2023, No. 421, §2.



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