§ Art. 3659 Same; disturbance in fact and in law defined

Codes > Louisiana Code of Civil Procedure > Book I > Title II : Chapter 1 > Art. 3659

Art. 3659. Same; disturbance in fact and in law defined

    Disturbances of possession which give rise to the possessory action are of two kinds: disturbance in fact and disturbance in law.

    A disturbance in fact is an eviction, or any other physical act which prevents the possessor of immovable property or of a real right therein from enjoying his possession quietly, or which throws any obstacle in the way of that enjoyment.

    A disturbance in law is the execution, recordation, registry, or continuing existence of record of any instrument which asserts or implies a right of ownership or to the possession of immovable property or of a real right therein, or any claim or pretension of ownership or right to the possession thereof except in an action or proceeding, adversely to the possessor of such property or right.