[17] Additionally, the Court of Appeal noted the clock for ten year acquisitive prescription as beginning on April 21, 1972 – the date Ola Mae’s parents, having received the property via a conveyance by their son, conveyed the property to Ola Mae. In general, good faith alone is not enough to acquire land via ten-year acquisitive prescription; a possessor also needs to satisfy article 3475’s “just title” requirement. Louisiana’s Fourth Circuit has previously held that a sale which does not convey ownership, because the true owner did not convey the land, can serve as just title for acquisitive prescription.[18] The comments to Louisiana Civil Code article 3483 further support the Fourth Circuit’s holding; the comments state that a just title does not have to be from a true owner because if that were the requirement for just title, the doctrine of acquisitive prescription would be rendered useless.[19] In Handy, under the Louisiana Civil Code and jurisprudence, the Court of Appeal for Louisiana’s Second Circuit found that the trial court’s determination of the 1972 conveyance constituting just title was correct. Having found Sammy Ford Jr. satisfied all of article 3475’s requirements for acquisitive prescription of ten years, the Louisiana Second Circuit affirmed the trial court’s decision and held Sammy Ford Jr. as the parcel’s owner. Ford v. Handy is a recent affirmation of Louisiana’s acquisitive prescription regime, but, importantly, its holding had immediate consequences for an oil and gas lease Sammy Ford Jr. signed covering the disputed property. Had Sammy Ford Jr. not been declared the owner of the property, the oil and gas lease he executed might have been void – leaving the participating oil and gas company exposed. Running limited title and waiving title requirements relative to possession are common practice among many operators in the oil and gas industry. Handy reminds all of us of the importance of thoroughly flushing out claims of adverse possessors, the failure of which could lead to major losses that could have been avoided with diligence and proper curative measures. Understanding Louisiana’s regime of acquisitive prescription and relevant case law is important for oil and gas operators and others acquiring rights in property in Louisiana and can help to mitigate exposure to costly litigation.
[3] La. Civ. Code art. 461. The civil code attributes different lengths of time to acquire ownership via acquisitive prescription depending on whether the thing is a movable or immovable.
[4] La. Civ. Code art. 471. [5] La. Civ. Code art. 462. [6] La. Civ. Code art. 3473. [7] La. Civ. Code arts. 3743, 3475. [8] La. Civ. Code art. 3486. [9] Ford, 2024 La. App. LEXIS 605 at 2. [10] Id . [11] La. Civ. Code art. 3475. [12] La. Civ. Code art. 3485. [13] La. Civ. Code art. 3476. [14] Ford, 2024 La. App. LEXIS 605 at 9-10.
[15] La. Civ. Code art. 3480; La. Civ. Code art. 3480 cmt (c). [16] Before 1980, Louisiana’s property law allowed a husband to convey community property without his wife’s signature because he was the “head and master,” making him the “sole manager” of community property. Ford , 2024 La. App. LEXIS 605 n.3. [17] Ford, 2024 La. App. LEXIS 605 at 7. [18] Heirs of John Beckwith LLC v. Sims, 315 So. 3d 306 (La. App. 4 Cir. 3/10/2021). [19] La. Civ. Code art. 3483 cmt (b).
The Author:
Amy Gautreaux Amy Duplantis Gautreaux is an oil and gas attorney with extensive experience representing upstream energy companies operating in Louisiana. With a focus on title examination, drafting, and interpret- ing contractual provisions in oil and gas and related contracts, Amy has handled complex multi-Parish projects offshore
and in various oil and gas formations and fields throughout Louisiana. She is also skilled in analyzing HBP titles involving complicated mineral servitude and mineral royalty ownership interests. Amy has worked as an abstractor and landman in South Louisiana, which provides a unique perspective from which to advise Louisiana oil and gas clients. www.oglawyers.com The content of this publication and any attachments are not intended to be and should not be relied upon as legal advice or to create a lawyer-client relationship. 2024 Oliva Gibbs LLP. All rights reserved. This publication may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Houston (principal office): 815 Walker St., Suite 1140, Houston, Texas 77002, 713-229-0360 | Columbus, OH | Houston, TX | Lafayette,
References [1] 2024 La. App. LEXIS 605. [2] La. Civ. Code art. 448.
LA | Midland, TX | Oklahoma City, OK.
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G rowth T hrough E ducat i on - J uly / A ugus t / S ept ember 2024
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