A possessory action is a legal process aimed at obtaining, recovering, or maintaining physical possession of property, rather than ownership of the property itself. This type of action is often used to evict tenants who fail to pay rent or otherwise breach their lease agreements.
Possessory actions are primarily utilized in civil law contexts, particularly in landlord-tenant disputes. They allow property owners to reclaim possession of their property when they have been unlawfully evicted or disturbed. Users may find legal forms related to possessory actions helpful for managing these situations independently, using resources like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A landlord discovers that a tenant has stopped paying rent and refuses to leave the property. The landlord can file a possessory action to regain possession of the rental unit.
Example 2: A homeowner finds that a neighbor has encroached on their property by building a fence. The homeowner may initiate a possessory action to reclaim their property rights. (hypothetical example)
In Louisiana, possessory actions are governed by the Louisiana Code of Civil Procedure, specifically Articles 3655 and 3658, which outline the requirements and procedures for initiating such actions.
| State | Key Differences |
|---|---|
| Louisiana | Possessory actions are specifically defined in the Louisiana Code of Civil Procedure. |
| California | California has a similar process called unlawful detainer, which is used to evict tenants. |
| New York | New York uses summary proceedings for possessory actions, which differ in timeline and procedure. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Possessory Action | A legal action to regain possession of property. | Focuses on physical possession, not ownership. |
| Eviction | The process of removing a tenant from rental property. | Eviction is the result; possessory action is the means to achieve it. |
| Quiet Title Action | A lawsuit to establish ownership of property. | Focuses on legal title rather than physical possession. |
If you find yourself needing to initiate a possessory action, consider the following steps:
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