Art. 3668 When proof of nonuse not required in possessory action against claimant of mineral right

If you own and possess land, and someone else claims they have a mineral right on that land (like rights to oil, gas, or minerals underground), you can take legal action to protect your possession. To do this, you generally just need to show that you have had quiet and uninterrupted possession of the land for more than one year before the other person made their claim.

This means you don't have to prove that the person claiming the mineral right failed to use it. You only need to focus on your own possession of the land. As long as you can show you held the land peacefully and without interruption for over a year, that's enough to support your case.

This rule makes it easier for landowners to defend their property against mineral rights claims, since the burden is mainly on proving your own steady possession, not on proving the other person did nothing with their claimed rights. There is an exception for certain situations described in a related rule (Article 3667), which involve different requirements.