Petitory and Revendicatory Actions

Question 1

What is a petitory action?

Answer 1

An action brought by a person who claims ownership but is not in possession, against another who is in possession or who claims ownership adversely, to obtain judgment recognizing plaintiffs ownership

Question 2

who can file a petitory action?

Answer 2

Owner, lessee, or person who occupies immovable property.

Question 3

How to prevail in petitory action?

Answer 3

(1) prove that he acquired ownership from a previous owner (unbroken chain of ownership) OR by AP. OR (2) better title.
When titles of both parties are traced to a common author, he is presumed to be previous owner.

Question 4

How to prove better title?

Answer 4

(1) comparison of property descriptions and plats of survey (2) distillation of parties intent from language of instrument (3) last resort: Extrinsic evidence