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Trespass to Land Statute of Limitations

Claims for unauthorized entry onto or interference with another's real property.

Shortest
2
years, sourced states
Most Common
3
years, sourced states
Longest
10
years, sourced states
Figures reflect only the states sourced so far — they are not a national range until every jurisdiction is on file.
Filing window by state
State
Time Limit
Citation
2 Years
2 Years
A.R.S. § 12-542(3)
✓ Verified
2 Years
C.R.S. § 13-80-102
✓ Verified
2 Years
2 Years
K.S.A. § 60-513(a)(4)
✓ Verified
2 Years
2 Years
2 Years
12 O.S. § 95(A)(3)
✓ Verified
2 Years
42 Pa.C.S. § 5524(4)
✓ Verified
2 Years
2 Years
3 Years
Ark. Code § 16-56-105
✓ Verified
3 Years
3 Years
3 Years
10 Del. C. § 8106(a)
✓ Verified
3 Years
D.C. Code § 12-301(3)
✓ Verified
3 Years
Idaho Code § 5-218
✓ Verified
3 Years
3 Years
3 Years
3 Years
Miss. Code § 15-1-49
✓ Verified
3 Years
3 Years
3 Years
3 Years
3 Years
3 Years
3 Years
Utah Code § 78B-2-305
✓ Verified
3 Years
RCW 4.16.080(1)
✓ Verified
4 Years
4 Years
O.C.G.A. § 9-3-30
✓ Verified
4 Years
4 Years
NMSA 1978, § 37-1-4
✓ Verified
4 Years
4 Years
5 Years
735 ILCS 5/13-205
✓ Verified
5 Years
Iowa Code § 614.1(4)
✓ Verified
5 Years
KRS § 413.120(4)
✓ Verified
5 Years
5 Years
6 Years
Ala. Code § 6-2-34(2)
✓ Verified
6 Years
Ind. Code § 34-11-2-7
✓ Verified
6 Years
14 M.R.S. § 752
✓ Verified
6 Years
6 Years
N.J.S.A. § 2A:14-1
✓ Verified
6 Years
N.D.C.C. § 28-01-16
✓ Verified
6 Years
ORS § 12.080(3)
✓ Verified
6 Years
SDCL § 15-2-13
✓ Verified
6 Years
12 V.S.A. § 511
✓ Verified
6 Years
Wis. Stat. § 893.52
✓ Verified
10 Years

What Does Trespass to Land Cover?

01 Unauthorized entry onto private property
02 Encroaching structures or fences
03 Interference with use of real property
04 Unauthorized removal of timber or resources

Rules That Affect Your Deadline

Factors that can change when the clock starts or how much time you actually have.

01
Clock starts at entry
The deadline generally runs from the date of the unauthorized entry or interference.
02
Continuing trespass
An ongoing encroachment can restart the clock for as long as it continues.
03
Related property claims
Damage caused during the trespass may fall under the property damage deadline instead.

Common Questions About Trespass Deadlines

What is the statute of limitations for trespass?

It depends on the state. Across the 48 jurisdictions with a verified figure, the deadline for trespass ranges from 2 years to 10 years, and 3 years is the most common.

Which state has the shortest statute of limitations for trespass?

Alaska, Arizona, Colorado, Hawaii, Kansas, Montana and 3 others — 2 years.

Which state has the longest statute of limitations for trespass?

Rhode Island — 10 years.

Can the statute of limitations for trespass be extended?

Sometimes. Common factors that change the deadline include: clock starts at entry; continuing trespass; related property claims. How they apply varies by state.

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