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What Is the Statute of Limitations for Trespass in California?

In California, the statute of limitations for trespass is generally 3 years under Cal. Code Civ. Proc. § 338(b).

3 YEARS
Trespass to Land · California
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Trespass Deadlines in California

How long do you have to file a trespass claim in California?

In California, the statute of limitations for trespass is generally 3 years under Cal. Code Civ. Proc. § 338(b).

When does the clock start for trespass in California?

Three years for trespass upon or injury to real property.

Can the California deadline for trespass be extended?

A continuing encroachment may be treated as a continuing trespass. Personal injury arising from the same entry runs on the two-year § 335.1 clock.

Is the deadline different if the claim is against the government in California?

Often, yes. Written claim generally presented within 6 months under Cal. Gov. Code § 911.2. Section 911.2(a) requires a claim for death, injury to person or personal property, or growing crops to be presented within six months of accrual; any other cause of action within one year. Suit generally cannot be filed until the claim is rejected or deemed r…

How does California compare to other states for trespass?

California's 3 years is in the middle of the range nationally. 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. Compare all states →

What Does Trespass to Land Cover?

Situations that typically fall under the trespass deadline in California:

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
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Other Filing Deadlines in California

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed California attorney can tell you the deadline that applies to your situation.
See every filing deadline in California, or compare trespass across all states.
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