Checklist: what to check before filing a possessory maintenance petition

Ensure that no more than one year has passed since the initial disturbance, under penalty of forfeiture pursuant to art. 1170 c.c., which must be pleaded by the party. Exceeding the deadline entails the dismissal of the petition on the merits.

Verify that the action exclusively concerns real property or a universality of movables. Extending maintenance to simple movable assets falls outside the scope of art. 1170 c.c., leading to its dismissal.

Confirm that the pleading alleges qualified possession exercised continuously and uninterruptedly for at least one year. The lack of possession for over a year at the time of the disturbance results in a failure to satisfy the statutory requirements for the action.

Check that possession is described as continuous, uninterrupted, and not acquired violently or clandestinely. If the possession is tainted, the action is available only after one year has elapsed from the cessation of violence or secrecy.

Precisely distinguish between a mere disturbance (molestia) and violent or clandestine spoliation. Confusing maintenance with reinstatement exposes the petitioner to dismissal due to incorrect legal characterization of the injury suffered.

Identify the court of the place where the harmful act occurred pursuant to art. 21 c.p.c. Errors regarding territorial jurisdiction may trigger an objection of lack of jurisdiction and delay judicial protection.

Verify that the power of attorney is specific to the proceedings and that counsel's digital signature is valid for electronic filing. Defects in the signature can invalidate the entire procedural document.

Ensure that the petition specifies the evidentiary means necessary to prove possession and disturbance. Given the summary nature of proceedings under art. 703 c.p.c., immediate documentary proof is essential.