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      CCP 3658     


Art. 3658. Same; requisites

            To maintain the possessory action the plaintiff shall allege and prove all of the following:

            (1) The plaintiff had possession or precarious possession of the immovable property or real right therein at the time the disturbance occurred.

            (2) The plaintiff and his ancestors in title, or the person for whom the plaintiff possesses precariously and that person's 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.

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

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

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