Statute of Limitations for Trespass to Real Property in California

Overview

Run this scenario in DocketMath using the Statute Of Limitations calculator.

In California, the statute of limitations (SOL) for trespass to real property is generally 2 years under California Code of Civil Procedure (CCP) § 335.1. That “2-year” rule is the default limitation period you’ll typically see applied when the claim is framed as an action for injury to real property (including trespass theories in common usage).

DocketMath helps you determine the deadline date (i.e., the last date to file within the SOL), but you’ll want to be clear about what you’re calculating. In practice, the deadline depends on facts such as:

• the date of the trespass (or the last actionable trespass if conduct continued), and
• how your claim’s substance fits the default rule.

This is general information, not legal advice. If your situation is time-sensitive or complex, consider getting advice from a qualified attorney.

Limitation period

California’s general SOL for certain civil actions—including actions “for injury to… real property”—is 2 years.

The default rule (general period)

• Time period: 2 years
• Statute: CCP § 335.1
• Claim type covered (in substance): actions seeking damages for injury to real property (the default period applied to trespass-based theories, as commonly used)

What “2 years” means for a deadline

Most SOL calculations involve:

• a start date (often when the “cause of action accrues”), and
• an end date (start date + 2 years).

For trespass disputes, the “start date” commonly relates to when the wrongful entry or interference occurred. If the conduct is repeated or ongoing, you may need to focus on the last actionable trespass (rather than the earliest date) depending on how the facts and damages are framed.

To calculate your filing deadline with confidence, you’ll generally need these inputs:

• Accrual/start date assumption: the date of the trespass or the last actionable trespass
• How the conduct is characterized: one-time event vs. continuing conduct
• Your target filing date (optional, for a quick “timely vs. not” check)

DocketMath makes these assumptions explicit so you can see how the deadline changes when you change the start date assumption.

Key exceptions

California SOLs can involve timing concepts that affect either when the clock starts or whether the clock runs continuously. Below are common, practical categories to watch for—presented at a high level (not as legal advice).

1) Accrual timing: the clock doesn’t always start on day 1

Even with a 2-year default SOL, the start date can be disputed. If facts support that the claim did not accrue until later, the deadline can shift accordingly.

Practical impact:

• Moving your assumed accrual date by 90 days typically moves the SOL deadline by about 90 days.
• If the dispute involves repeated entries, the “last actionable trespass” concept may matter for your deadline.

2) Tolling: the SOL period may be paused or extended

“Tolling” refers to rules that pause or extend the SOL period in certain circumstances (for example, situations where a claim can’t reasonably be brought for legally recognized reasons).

Practical impact:

• What looks like a straightforward 2-year deadline may become 2 years plus tolling.
• The key challenge is that tolling depends on the specific legal basis and the facts needed to support it.

3) Ongoing conduct vs. one-time entry

With some trespass-like fact patterns, courts may treat damages as tied to distinct accrual events rather than everything relating back to the first entry.

Practical impact:

• Your recoverable damages may be limited to the period that falls within the SOL (even if the presence began earlier).
• Your deadline and your damages scope may hinge on how the wrongdoing is characterized (e.g., continued encroachment vs. one-time entry).

Statute citation

CCP § 335.1 provides the general 2-year statute of limitations for civil actions for injury to real property. This is the general/default period used on this page for trespass-based claims, based on the brief provided.

Quick reference:

Source used for the general period: https://www.alllaw.com/articles/nolo/personal-injury/laws-california.html

Use the calculator

Use DocketMath to calculate the SOL deadline by entering the key date(s) that govern accrual in your fact pattern.

Open the calculator

Start here: /tools/statute-of-limitations

How to run DocketMath

1. Go to /tools/statute-of-limitations
2. Enter your scenario inputs, typically including:

   • Accrual/start date (e.g., date of trespass or last actionable trespass)
   • SOL length (here, the default is 2 years under CCP § 335.1)
   • Optional: filing/target date for a quick “timely?” comparison

How outputs change when inputs change

Because the default SOL is 2 years, the deadline is highly sensitive to the assumed accrual/start date. For example (using the 2-year default):

If your facts suggest the trespass was ongoing or the “last actionable” date is later than the first entry, you should re-run the calculator using the later start date assumption.

Practical tips before relying on results

• Confirm you’re using the right start date assumption (date of trespass vs. last actionable trespass).
• Confirm you’re calculating the default 2-year damages SOL tied to injury to real property (as described by CCP § 335.1).
• Consider whether accrual or tolling issues could change the start date or effectively extend time (even if you can’t resolve the issue definitively on your own).

A useful approach is to run two scenarios:

• one using the earliest plausible start date, and
• one using the latest plausible start date.

This gives you a realistic range for where the deadline argument could land.

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator