Louisiana laws on adverse possession allow anyone to stake a claim on land in Louisiana under specific conditions. Adverse possession, sometimes called squatter's rights, is a legal term that means to assume ownership of property without the original owner's consent. The time frame for staking a claim on Louisiana land this way varies from 10 to 30 years. In order for a claim of adverse possession to be upheld, the claimant must possess the property openly for the consecutive amount of time prescribed.
Step 1
Take and maintain exclusive, actual physical possession of the land in Louisiana without permission of the original owner. The possession must be openly visible and continuous for at least 10 years.
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Step 2
Possess a Color of Title on the land you are claiming for 10 years. Color of Title means that the person staking the claim has some type of document—not a properly conveyed title—that causes him to believe in good faith that he has the right to possess the land. Titles that are conveyed improperly because of clerical and other errors also fit the description of Color of Title. If two or more people have separate deeds to the same parcel of land, the deeds represent Color of Title.
Step 3
Pay property taxes on the land for at least 10 years. While there are no specific references to the payment of taxes within Louisiana state statutes on adverse possession, the state of Louisiana has the rights to claim and resell any property with past-due property taxes. The state may seize, advertise and resell property with delinquent taxes on or before May 1st of the year following the tax assessment date.
Step 4
Maintain possession of the property openly, exclusively and physically for at least 30 years if there's no Color of Title claim.
Step 5
File for an adverse possession claim of title with the office of the county clerk in the parish where the land is located after the prescribed time limits have passed. For example, if you have Color of Title, file the claim after continuous and open possession for 10 years. With no Color of Title, file the claim after 30 years.
Things You'll Need
Color of Title
Paid property tax receipts
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