Short answer. Possibly — it depends on the buyer. Where the land is in the partnership's name, Article 1819 lets the partnership recover property a partner sold without authority, unless it has passed to a holder for value who had no knowledge the partner exceeded his authority, or the sale otherwise bound the partnership.

What the law says

the partnership may recover such property unless the partner's act binds the partnership under the provisions of the first paragraph of article 1818, or unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority

Civil Code, Article 1819 — Conveyance of Partnership Realty. Read the full provision →

The partnership can recover — but not always

Where title to real property is in the partnership name, Article 1819 lets any partner convey that title by a deed in the partnership name. The sale is not automatically void; the buyer may take good title on the face of the record. But the Code then gives the partnership a right to claw it back: the partnership may recover such property unless one of two things is true. So the starting point favours you — an unauthorised sale of partnership land is recoverable — but the recovery is defeated by the exceptions the article lays out, which is where most real disputes are won or lost.

The good-faith-buyer exception

The key exception protects an innocent downstream buyer. The partnership cannot recover if the property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority. Two elements must both be present: the current holder gave value — he paid, rather than received it as a gift — and he did not know the selling partner lacked authority. If the land has already moved on to such a buyer, your remedy is no longer to recover the land itself but to pursue the partner who sold it.

When the sale bound the partnership from the start

Recovery also fails if the partner's act binds the partnership under the provisions of the first paragraph of article 1818. Under Article 1818, a partner is an agent of the firm, and an act for apparently carrying on in the usual way the business of the partnership binds it — unless the partner in fact had no authority and the buyer knew that. So if selling the land was within the apparent ordinary business of your partnership and the buyer had no notice of any limit, the sale stands. Whether a one-off land sale is 'apparently carrying on the usual business' is very fact-specific.

What to preserve if you want the land back

Because everything turns on the buyer's knowledge and whether value was given, the record matters. Keep the partnership's own title documents, any written limits on the selling partner's authority, and evidence of who the current holder is and what he knew or paid. The longer the property changes hands, the more likely it reaches a holder for value without knowledge, at which point Article 1819 shifts your claim from the property to the partner who overstepped. Acting quickly, before a further transfer, protects the stronger remedy.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.