What must be shown in order to file a possessory action regarding an encroachment issue?

To successfully file a possessory action in Louisiana regarding an encroachment issue, the key requirement is demonstrating evidence of disturbance within one year. This is because possessory actions are designed to protect a party's right to possess property and ensure that they are not unlawfully disturbed in their possession. The one-year time frame is critical as it establishes the need for prompt action after the disturbance occurs. This requirement is rooted in the policy of preventing disputes from lingering indefinitely and promoting stability in property possession.

In the context of encroachment, which involves one property owner infringing on the property of another, the party seeking relief must show that the encroachment is an unlawful disturbance of their possession. The one-year limitation reinforces the prompt nature of possessory actions, encouraging individuals to act quickly to protect their rights before evidence may dissipate or become more difficult to establish.

To clarify the other options: while evidence of payment for the property could be relevant in disputes over ownership, it does not directly pertain to possessory actions focused on encroachment. Consent from the neighbor may be relevant in some circumstances, but the existence of consent would negate the basis for a possessory action, which relies on demonstrating an unlawful disturbance. Proof of ownership of the entire property