10.3 Possessors or Usufructuaries

A possessor, whether in good faith or bad faith, may retain possession until the owner reimburses the possessor for expenses and improvements.1

A usufructuary may retain possession until the naked owner reimburses the usufructuary for expenses and advances to which the usufructuary is entitled.2  Generally, a usufructuary does not occupy the property by permission or accommodation of the owner and would not be an “occupant” within the meaning of La. C.C.P. art. 4704. Therefore, Articles 4702 and 4735 would not authorize the use of a rule for possession to summarily evict a usufructuary.3  Hence, an exception of unauthorized use of summary proceeding should be filed against a rule to evict a usufructuary. A common usufruct is that of a surviving spouse over the decedent’s share of community property under the laws of intestate succession.4

• 1La. C.C. art. 529; Broussard v. Compton, 2009-1292 (La. App. 3 Cir. 04/14/10), 36 So. 3d 376.
• 2La. C.C. art. 627; Barnes v. Cloud, 46,685 (La. App. 2 Cir. 12/14/11), 82 So. 3d 463.
• 3Cf. Millaud v. Millaud, 99-CA-2145 (La. App. 4 Cir. 04/05/00), 761 So. 2d 44; Bond v. Green, 401 So. 2d 639, n.1 (La. App. 3 Cir. 1981) (rule to evict usufructuary had aspect of summary proceeding, but objection to use of summary proceeding was waived).
• 4La. C.C. art. 890.