Section 1: Conditions of acquisitive prescription.

Goods or rights that are not in commerce cannot be prescribed.

In order to prescribe, there must be continuous and uninterrupted, peaceful, public, unequivocal possession, and as owner.

Acts of pure faculty and those of mere tolerance cannot found either possession or prescription.

Nor can acts of violence form the basis of possession capable of effecting prescription. Useful possession does not begin until violence has ceased.

The present possessor who proves that he possessed formerly is presumed to have possessed in the intervening time, unless proved otherwise.

To complete the prescription, one may join to his possession that of his author, in whatever manner one has succeeded to him, either universally or privately, or for profit or valuable consideration.

Those who possess for others never prescribe by any lapse of time. Thus, the lessee, the depositary, the usufructuary and all others who precariously hold the owner’s property or right cannot prescribe it.

The heirs of those who held the property or the right to any of the titles designated by the preceding article may not prescribe either.

However, the persons set out in articles 2266 and 2267 may prescribe, if the title to their possession is inverted, either by a cause coming from a third party, or by the contradiction they have opposed to the owner’s right.

Those to whom tenants, bailees, usufructuaries and other precarious holders have transferred the property or the right by a title transferring ownership may prescribe it.