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What Is the Statute of Limitations for Property Damage in Delaware?

In Delaware, the statute of limitations for property damage is generally 2 years under 10 Del. C. § 8107.

2 YEARS
Property Damage · Delaware
✓ Verified Checked Sep 2026

Property damage Deadlines in Delaware

How long do you have to file a property damage claim in Delaware?

In Delaware, the statute of limitations for property damage is generally 2 years under 10 Del. C. § 8107.

When does the clock start for property damage in Delaware?

Two years for injury to personal property.

Can the Delaware deadline for property damage be extended?

Detention of personal chattels and trespass run three years under § 8106 instead — damaging property and holding it wrongfully are on different clocks.

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

Often, yes. Notice within 1 year for municipal claims under 10 Del. C. § 8124. Section 8124 requires notice of a claim against a municipality within one year of the occurrence. The County and Municipal Tort Claims Act, 10 Del. C. ch. 40, governs governmental immunity and limits the categories of claim that may be brought at all. Not conf…

How does Delaware compare to other states for property damage?

Delaware's 2 years is among the shortest in the country. Across the 51 jurisdictions with a verified figure, the deadline for property damage ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →

What Does Property Damage Cover?

Situations that typically fall under the property damage deadline in Delaware:

01 Vehicle collisions causing property damage
02 Water or fire damage from a neighboring property
03 Construction or excavation damage
04 Damage to stored or personal belongings
05 Trespass-related property destruction
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Other Filing Deadlines in Delaware

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