Proof of title in action for declaratory judgment, concursus, expropriation, or similar proceeding

When the issue of ownership of immovable property or of a real right therein is presented in an action for a declaratory judgment, or in a concursus, expropriation, or similar proceeding, or when the issue of the ownership of funds that are deposited in the registry of the court and that belong to the owner of the immovable property or of the real right therein is so presented, the court shall render judgment as follows:

(1) If the party who would be entitled to the possession of the immovable property or real right therein in a possessory action has been in possession for one year after having commenced possession in good faith and with just title or has been in possession for ten years, the court shall render judgment in favor of that party, unless the adverse party proves that he would be entitled to a judgment recognizing his ownership in a petitory action under Article 3653(A)(1).

(2) In all other cases, the court shall render judgment in favor of the party who proves better title to the immovable property or real right therein.

Amended by Acts 1981, No. 256, §1; Acts 2023, No. 421, §2.