§ 9:5630 — Actions by unrecognized successor against third persons

Louisiana § 9:5630

• Jurisdiction: Louisiana
• Title 9: Civil Code-Ancillaries

Text

§5630. Actions by unrecognized successor against third persons
A. An action by a person who is a successor of a deceased person, and who has not
been recognized as such in the judgment of possession rendered by a court of competent
jurisdiction, to assert an interest in an immovable formerly owned by the deceased, against
a third person, or his successors, who has acquired an interest in the immovable by onerous
title from a person recognized as an heir or legatee of the deceased in the judgment of
possession is prescribed in two years from the date of the rendering of the judgment of
possession.
B. This Section establishes a liberative prescription, and shall be applied both
retrospectively and prospectively; however, any person whose rights would be adversely
affected by this Section, shall have one year from the effective date of this Section* within
which to assert the action described in Subsection A of this Section and if no such action is
instituted within that time, such claim shall be forever barred.
C. "Third person" means a person other than one recognized as an heir or legatee of
the deceased in the judgment of possession.
D. For the purposes of this Section, after thirty years from the date of recordation of
a judgment of possession there shall be a conclusive presumption that the judgment was
rendered by a court of competent jurisdiction.
*As appears in enrolled Act.

Legislative History

Added by Acts 1981, No. 721, §1. Amended by Acts 1982, No. 37, §1; Acts 1984, No. 394, §1, eff. July 6, 1984; Acts 1988, No. 312, §1; Acts 2018, No. 122, §1.