Louisiana Code of Civil Procedure 3669 – Possessory action unavailable between owner of mineral servitude and owner of dependent mineral royalty
Current as of: 2023 | Check for updates
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Terms Used In Louisiana Code of Civil Procedure 3669
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
In the event of a dispute between the owner of a mineral servitude and the owner of a mineral royalty burdening or alleged to burden the servitude in question, the possessory action is unavailable to either party, and the only available real action is the petitory action. The burden of proof on the plaintiff in the petitory action is to prove a better title than that of the defendant.
Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975; Acts 2023, No. 421, §2.