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What Is the Statute of Limitations for Trespass in Texas?

In Texas, the statute of limitations for trespass is generally 2 years under Tex. Civ. Prac. & Rem. Code § 16.003(a).

2 YEARS
Trespass to Land · Texas
✓ Verified Checked Sep 2026

Trespass Deadlines in Texas

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

In Texas, the statute of limitations for trespass is generally 2 years under Tex. Civ. Prac. & Rem. Code § 16.003(a).

When does the clock start for trespass in Texas?

Two years for trespass for injury to the estate or to the property of another, named expressly in § 16.003(a).

Can the Texas deadline for trespass be extended?

An action to recover real property itself runs on a different track. A continuing trespass can affect when the claim accrues.

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

Often, yes. Written notice to the governmental unit within 6 months under Tex. Civ. Prac. & Rem. Code § 101.101. The Texas Tort Claims Act requires notice to the governmental unit within six months of the incident. A city charter or ordinance may impose a substantially shorter deadline — some as short as 45 to 90 days — and that shorter period controls. The general two-y…

How does Texas compare to other states for trespass?

Texas's 2 years is among the shortest in the country. 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 Texas:

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 Texas

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