Legal Definitions - interruption

In property law, an interruption refers to a break in the continuous period someone has been possessing land. This break can be significant because it might prevent that person from claiming legal ownership of the land through a process called "prescriptive right" (also known as adverse possession in many other states), which requires uninterrupted possession for a specific duration.

Louisiana law further defines two specific types of interruptions:

Legal Interruption

In Louisiana law, a legal interruption is a specific type of break in the running of "prescription" (the legal timeframe for acquiring rights or losing claims). It occurs under two main circumstances:

• When the person possessing the property acknowledges someone else's ownership rights. This act of recognition stops the clock on their own claim to ownership.

  • Example 1: Acknowledging Ownership

    Sarah has been living on a vacant plot of land next to her house for 15 years, treating it as her own. She believes she might eventually claim ownership through prescriptive right. However, one day, the actual owner, Mr. Henderson, sends her a letter asserting his ownership and asking her to stop using the land. Sarah responds by email, stating, "I understand this is your property, and I will stop using it."

    Explanation: Sarah's email explicitly acknowledging Mr. Henderson's ownership rights constitutes a legal interruption. Her previous 15 years of possession no longer count towards acquiring ownership by prescription because she recognized the true owner's superior claim.

• When the owner (or obligor) sues the possessor (or obligor). The act of filing a lawsuit to assert ownership or a claim against the possessor also stops the prescriptive period.

  • Example 2: Owner Initiates Legal Action

    For 25 years, the Miller family has openly and continuously used a shortcut across their neighbor's undeveloped backlot to access a public park, believing they had a right to do so. The neighbor, Ms. Chen, finally decides to build on her lot and files a lawsuit against the Millers to prevent them from continuing to use her property as a shortcut, asserting her exclusive ownership.

    Explanation: Ms. Chen's act of filing a lawsuit against the Millers to stop their use of her land creates a legal interruption. Even if the Millers had been accumulating time towards a prescriptive right to an easement (a right to use another's land for a specific purpose), the lawsuit stops that clock, requiring them to defend their claim in court rather than simply continuing to accrue time.

Natural Interruption

Also specific to Louisiana law, a natural interruption occurs when a person's possession of real property is broken for more than one year because the rightful owner or a third party physically takes control of the property.

• Example 1: Rightful Owner Seizes Property

  Mr. Davies has been living in an abandoned cabin on a large rural estate for three years, hoping to eventually claim it through prescriptive acquisition. The actual owner of the estate, a timber company, discovers his presence. The company then sends a crew to the cabin, changes the locks, posts "No Trespassing" signs, and secures the property, effectively removing Mr. Davies and preventing his return for over a year.

  Explanation: The timber company's actions of physically taking control of the cabin and preventing Mr. Davies from re-entering for more than a year constitute a natural interruption. This break of over one year in his possession means his previous three years of occupancy no longer count towards acquiring ownership by prescription.

• Example 2: Third Party Seizes Property

  A squatter, Mr. Evans, has been living in an unoccupied house for two years, maintaining it and paying some utility bills, with the intent to eventually claim ownership. However, a different group of squatters, more numerous and aggressive, forcibly enters the house, removes Mr. Evans' belongings, and takes over residence themselves. Mr. Evans is unable to regain access to the property for 18 months.

  Explanation: The seizure of the property by the second group of squatters, which prevented Mr. Evans from possessing it for more than a year, is a natural interruption. His prior two years of possession are nullified for the purpose of prescriptive acquisition because his possession was broken by a third party for the required duration.