Harper v. Willis
383 So. 2d 1299 (1980)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
To successfully maintain a possessory action under Louisiana law, a claimant must demonstrate not only corporeal (physical) possession of the property but also the subjective intent to possess the property as its owner, as required by Louisiana Civil Code article 3436.
Facts:
- Around 1939, Leroy Harper began grazing his cattle on a large, two-section tract of land known as the Old Pecan Orchard Subdivision.
- Initially, a caretaker named Mr. Crowe gave Harper permission to use the land in exchange for Harper maintaining it by keeping fires out and brush down.
- By 1947, the caretaker had abandoned his duties, and Harper continued to use and look after the entire property.
- Over many years, Harper acquired title to various individual lots within the subdivision through tax sales and private purchases.
- Harper repeatedly expressed interest in purchasing the specific lots at issue in this lawsuit from their record owner, Mrs. Kuentz, and made offers to buy them.
- The lots in question were ultimately sold to Ray Preston Willis.
- In a sworn deposition, Harper explicitly stated that he never intended to take the property or claim it as his own without purchasing it, and acknowledged that he did not possess it as an owner.
Procedural Posture:
- Leroy Harper filed a possessory action against Ray Preston Willis in the trial court.
- Willis, the defendant, filed a motion for summary judgment, relying on Harper's deposition testimony.
- The trial court granted the summary judgment motion and dismissed Harper's lawsuit.
- Harper, as plaintiff-appellant, appealed the trial court's dismissal to the Court of Appeal of Louisiana, Third Circuit.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a person who physically uses a piece of land but expressly disclaims any subjective intention of possessing it as owner satisfy the legal requirements to maintain a possessory action?
Opinions:
Majority - Stoker, Judge
No. A person who uses land but admits to lacking the intent to possess it as owner cannot maintain a possessory action. Louisiana Civil Code article 3436 sets forth two essential and distinct requirements to acquire possession: (1) the corporeal possession of the thing, and (2) the intention of possessing as owner. Even assuming, for the sake of argument, that Harper's acts of grazing cattle and maintaining the property constituted corporeal possession, his claim fails on the second requirement. Harper's own deposition testimony provides direct evidence that he lacked the requisite intent; he candidly admitted that he never intended to take the property, always sought to purchase it, and never considered himself its owner. This subjective intent is critical and distinct from the concept of a bad-faith possessor, who may know their title is defective but still intends to possess the land as if they were the owner. Because Harper's own statements completely negated the 'intention of possessing as owner,' his possessory action cannot succeed.
Analysis:
This case clarifies that the subjective intent to possess as owner is a dispositive element in a Louisiana possessory action, separate from the physical acts of possession. The court's reliance on the plaintiff's own admissions establishes that a claimant's state of mind can defeat their claim, regardless of their long-term physical presence on the property. This decision solidifies the principle that permissive use or use that acknowledges the superior title of another is insufficient to establish the adverse, hostile intent required for possession. It provides a strong defense for record title owners against claims from individuals who used land without ever forming the specific intent to claim it as their own.
