Louisiana Squatters’ Rights & Adverse Possession Laws - 2025
What Are Squatters’ Rights in Louisiana?
Squatters’ rights, also known as adverse possession, are a legal concept that allows a person to gain ownership of a property they do not have title to. In Louisiana, the specific requirements are governed by the state adverse possession laws.
As a Louisiana property owner or landlord, the term "squatters' rights" can sound like a legal nightmare. You might picture someone moving into a vacant home and through some legal loophole suddenly owning it. The reality is more nuanced and thankfully more manageable with the right knowledge and proactive steps.
Let me tell you about a call we got last month from a landlord in Shreveport. She had found someone living in her vacant rental and she was panicked. “Can they just take my house?” she asked. Her fear was real, but it was fueled by viral stories and misconceptions, not by Louisiana law. After walking her through the actual statutes, she was able to work with local authorities to resolve the situation in days, not decades.
At Hemlane, we help property owners navigate local laws and protect their investments. In this guide, we will break down the legal concept of "adverse possession" in Louisiana, explain what it really takes for a squatter to claim your property and most importantl,y give you practical strategies to prevent and handle squatting situations.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Louisiana property law is complex. For specific legal concerns always consult with a qualified Louisiana real estate attorney.
Understanding the Civil Code
First, a crucial piece of context. Louisiana does no follow the same legal rulebook as the other 49 states. We operate under a Napoleonic Civil Code system. Our property laws are written out precisely in the Louisiana Civil Code, not created by court rulings over time. This makes our laws specific, detailed, and often more rigid.
The rules for adverse possession—the legal term for what’s commonly called “squatters’ rights”—are found in Articles 3473 to 3492 of that Civil Code. And they set a bar so high it’s almost a cliff.
The 30-Year Wall: Louisiana’s Primary Defense for Owners
Here’s the number you need to remember: 30 years.
That’s how long someone must continuously and uninterruptedly possess your property before they can even think about filing an ownership claim.
Let’s break down what those words legally mean:
- Continuous: This is not casual. They cannot be seasonal occupants. They must treat it as their permanent home. A six-month absence likely resets the clock to zero.
- Uninterrupted: This is your most powerful tool. Any action you take that reasserts your ownership rights,a written demand to leave, a police report or filing an eviction, stops their clock permanently. They have to start their 30's all over again.
Think about that. If you discover someone on your property and you act within 29 years and 11 months, you have completely defeated any claim. The law is squarely on the side of the vigilant property owner.
What Does "Possession" Actually Require?
Simply camping out is not enough. Under Louisiana Civil Code Article 3476, their possession must be:
- Physical and Actual: They have to be living there and maintaining it.
- Public, Notorious, and Unequivocal: They cannot be hiding. Their occupancy must be obvious to the neighborhood and, importantly, to you. Putting up fences, mowing the lawn, and paying utilities in their name are acts that make their claim “notorious.”
- Within Visible Bounds: They need to define what they are claiming, often with a fence, a hedgerow, or clear landscaping lines.
The “Color of Title” Shortcut? It’s Not What You Think.
You might hear that the time can be reduced to 10 years with the “color of title.” In Louisiana, this is more accurately “just title” and requires good faith. This means the person possesses a defective document, like an old, invalid deed from an heir, and genuinely believes they are the true owner. They are not a random trespasser; they’re someone with a plausible but flawed paper trail. This is a rare and complex legal scenario, not a simple loophole for squatters.
The Real Problem: Trespassers, Not “Squatters”
This is the critical distinction that gets blurred in headlines.
A trespasser is anyone on your property without permission. Full stop. They have zero path to ownership. You can have them removed for criminal trespass.
An adverse possessor is a trespasser who has begun the multi-decade legal process of potentially earning a claim by meeting all the strict criteria above for the statutory period.
99.9% of the time, you are dealing with a trespasser. The moment you take action, you shatter any notion of them being an adverse possessor. Your fight is about removing an unauthorized occupant, not defending against a property claim.
Your Action Plan: Prevention and Legal Removal
How to Keep Your Property Secure (The Hemlane Playbook)
- Secure It Like You Mean It: Strong locks, boarded windows if long-term vacant, and sturdy fencing. Make entry difficult.
- Post “No Trespassing” Signs: Under Louisiana Revised Statutes 14:63, this formally establishes your property as off-limits and strengthens a criminal trespass case. Take photos of the signs you post.
- Conduct Regular, Documented Checks: This is non-negotiable. Visit your vacant property on a schedule (monthly at a minimum). Take time-stamped photos or a video walkthrough each time. This proves you are exercising control and makes “continuous” possession impossible for a trespasser.
- Maintain the Appearance: Keep the grass cut, pick up flyers, and clear debris. A cared-for property is a less attractive target.
- Use Inexpensive Tech: A couple of battery-operated game cameras placed discreetly can send alerts and provide invaluable evidence.
- Enlist Local Help: Hire a neighbor, a lawn service, or a property manager like Hemlane to keep an eye on things. Physical presence is a deterrent.
The Correct Removal Process: Step by Step
If you find someone, do not engage in “self-help.” Turning off utilities, removing doors, or throwing out their belongings can make you liable for illegal eviction.
- Call the Police Immediately. Report a trespasser. If the person cannot produce a valid lease or proof of payment (like canceled rent checks made out to you), the police may remove them on the spot. This is the fastest solution.
- If Police Defer to Civil Court: You must begin a formal eviction, known in Louisiana as a “possessory action.”
- Serve a Written Notice to Vacate. The timeframe depends on how long they’ve been there. If less than a month, a 5-day notice is typical. If over a month, you likely need to give 30 days. An attorney can confirm the correct notice for your situation.
- File an Eviction Lawsuit. If they don’t leave after the notice period, file a “Rule for Possession” in your parish’s city or district court.
- Obtain a Judgment and Warrant. After a hearing, if you win, the court will issue a warrant for the sheriff to carry out the physical eviction.
This process takes time and paperwork, which is why prevention is priceless. Consulting with a Louisiana real estate attorney is highly recommended to navigate the process correctly.
The Bottom Line for Louisiana Property Owners
You can put the fear of losing your property to rest. The 30-year rule, combined with your right to interrupt it at any time, is a formidable shield.
Your focus should be on the practical: avoiding the damage, nuisance, and legal costs of a trespasser. Be proactive with security, be vigilant with inspections, and know that the law provides a clear (if sometimes slow) path to removal if needed.
At Hemlane, we build these proactive check-ins and local vendor relationships into our management plans because an ounce of prevention is worth a pound of cure—especially when that cure involves parish court paperwork.
This article is for informational purposes and reflects our experience in property management. It is not a substitute for legal advice. Louisiana property law is complex. For any specific legal situation, please consult with a qualified Louisiana attorney.
Sources & Further Reading:
- Louisiana State Legislature - Louisiana Civil Code, Title XXIV: Of Possession: https://legis.la.gov/legis/Law.aspx?d=78445 (See Articles 3473-3492)
- Louisiana Code of Civil Procedure - Eviction Procedures: https://legis.la.gov/legis/Law.aspx?d=78746
- Louisiana Revised Statutes - Criminal Trespass: https://www.legis.la.gov/legis/Law.aspx?d=78986
- Hemlane Blog - Landlord Resources: https://www.hemlane.com/blog (For ongoing tips on property management, maintenance, and legal updates)
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