Art. 3655 Possessory action

If you have been peacefully living on or using a piece of land or property right, and someone disturbs that use or kicks you off the property, you can file a lawsuit to fix the problem. This is called a possessory action. You do not have to prove you actually own the property. You just have to show you were the one possessing or using it before the disturbance happened.

This type of lawsuit is meant to protect people who are in possession of property, even if someone else claims to hold the actual title. The person suing can be someone who possesses the property in their own right, or someone who holds it for someone else, like a caretaker or tenant. The main goal is to either let that person keep using the property without interference, or to get them back into possession if they were forced out.

In simple terms, this rule protects the "status quo." It stops people from taking matters into their own hands and forcing someone off land or out of a property right without going through the courts first, even if there is a dispute about who truly owns it.