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What Is the Statute of Limitations for Trespass in Delaware?

In Delaware, the statute of limitations for trespass is generally 3 years under 10 Del. C. § 8106(a).

3 YEARS
Trespass to Land · Delaware
✓ Verified Checked Sep 2026

Trespass Deadlines in Delaware

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

In Delaware, the statute of limitations for trespass is generally 3 years under 10 Del. C. § 8106(a).

When does the clock start for trespass in Delaware?

Three years for trespass, named expressly as the first item in § 8106(a).

Can the Delaware deadline for trespass be extended?

Trespass gets a year longer than personal injury in Delaware. A continuing trespass can give rise to successive claims.

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 trespass?

Delaware'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 Delaware:

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 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 trespass across all states.
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