North Carolina § 1-52 - Three years.

§ 1-52. Three years.

Within three years an action - Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1-53(1). Upon the official bond of a public officer. Upon a liability created by statute, either state or federal, unless some other time is mentioned in the statute creating it. For trespass upon real property. When the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter. For taking, detaining, converting or injuring any goods or chattels, including action for their specific recovery. For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated, except as provided by G.S. 1-17(d) and (e). Against the sureties of any executor, administrator, collector or guardian on the official bond of their principal; within three years after the breach thereof complained of. Against bail; within three years after judgment against the principal; but bail may discharge himself by a surrender of the principal, at any time before final judgment against the bail. For fees due to a clerk, sheriff or other officer, by the judgment of a court; within three years from the entry of the judgment, or the issuing of the last execution thereon. For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Repealed by Session Laws 1977, c. 886, s. 1. For the recovery of any amount under and by virtue of the provisions of the Fair Labor Standards Act of 1938 and amendments thereto, said act being an act of Congress. Upon a claim for loss covered by an insurance policy that is subject to the three-year limitation contained in G.S. 58-44-16. Against a public officer, for a trespass, under color of his office. An action under Chapter 75B of the General Statutes, the action in regard to a continuing violation accrues at the time of the latest violation. For the recovery of taxes paid as provided in G.S. 105-381 or for the recovery of an unlawful fee, charge, or exaction collected by a county, municipality, or other unit of local government for water or sewer service or water and sewer service. Unless otherwise provided by law, for personal injury or physical damage to claimant's property, the cause of action, except in causes of actions referred to in G.S. 1-15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs. Except as provided in G.S. 130A-26.3 or G.S. 1-17(d) and (e), no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action. Against a public utility, electric or telephone membership corporation, or a municipality for damages or for compensation for right-of-way or use of any lands for a utility service line or lines to serve one or more customers or members unless an inverse condemnation action or proceeding is commenced within three years after the utility service line has been constructed or by October 1, 1984, whichever is later. Against any professional land surveyor as defined in G.S. 89C-3(9) or any person acting under the surveyor's supervision and control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting. A cause of action for physical damage under this subdivision shall be deemed to accrue at the time of the occurrence of the physical damage giving rise to the cause of action. All actions under this subdivision shall commence within seven years from the specific last act or omission of the professional land surveyor or any person acting under the surveyor's supervision and control giving rise to the cause of action. For purposes of this subdivision, "surveying and platting" means boundary surveys, topographical surveys, surveys of property lines, and any other measurement or surveying of real property and the consequent graphic representation thereof. For assault, battery, or false imprisonment, except as provided by G.S. 1-17(d) and (e). Notwithstanding this subdivision, a plaintiff may file a civil action within two years of the date of a criminal conviction for a related felony sexual offense against a defendant for claims related to sexual abuse suffered while the plaintiff was under 18 years of age. Upon a liability for a civil penalty, civil assessment, or civil fine imposed pursuant to Chapter 20 of the General Statutes. History (C.C.P., s. 34; Code, s. 155; 1889, cc. 218, 269; 1895, c. 165; 1899, c. 15, s. 71; 1901, c. 558, s. 23; Rev., s. 395; 1913, c. 147, s. 4; C.S., s. 441; 1945, c. 785; 1971, c. 939, s. 1; 1975, c. 252, ss. 2, 4; 1977, c. 886, s. 1; c. 916, s. 2; c. 946, s. 4; 1979, c. 654, s. 3; 1981, c. 702; c. 777, s. 4; 1991, c. 268, s. 1; 1995 (Reg. Sess., 1996), c. 742, s. 1(b); 1997-297, s. 2; 2001-175, s. 2; 2004-203, s. 15(b); 2007-491, s. 3; 2009-171, s. 5; 2010-129, s. 6; 2014-17, s. 2; 2014-44, s. 1(c); 2017-138, s. 10(a); 2019-164, s. 2; 2019-245, s. 4.2(a).) Cross References. - As to accrual of cause of action for professional malpractice, see G.S. 1-15(c) . As to ten year limitation against registered land surveyor, see G.S. 1-47(6) . As to actions to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property, see G.S. 1-50(5) . As to statute of limitations in contracts for sale, see G.S. 25-2-725 . As to reformed process for administration and judicial review of disputed tax matters, see G.S. 105-241.6 et seq. As to limitations period for certain groundwater contamination actions, see. G.S. 130A-26.3 . Editor's Note. - Session Laws 2014-17 s. 1, as amended by Session Laws 2014-44, s. 1(a), provides: "The General Assembly finds that prior to the United States Supreme Court ruling in CTS Corp. v. Waldburger, that there was ambiguity and uncertainty regarding the effect of federal law on the North Carolina statute of repose in certain environmental cases. The General Assembly finds that it was the intent of the General Assembly to maximize under federal law the amount of time a claimant had to bring a claim predicated on exposure to a contaminant regulated by federal or State law. The General Assembly finds that the Supreme Court's decision is inconsistent with the General Assembly's intentions and the General Assembly's understanding of federal law at the time that certain actions were filed. The General Assembly finds that it never intended the statute of repose in G.S. 1-52(16) to apply to claims for latent disease caused or contributed to by groundwater contamination, or to claims for any latent harm caused or contributed to by groundwater contamination." Session Laws 2014-17, s. 4, as amended by Session Laws 2014-44, s. 1(c), made the amendment to subdivision (16) by Session Laws 2014-17, s. 2, effective June 20, 2014, and applicable to actions filed, arising, or pending on or after that date. Session Laws 2014-17, s. 4, as amended by Session Laws 2014-44, s. 1(c), further provides: "For purposes of this section, an action is pending for a plaintiff if there has been no final disposition with prejudice and mandate issued against that plaintiff issued by the highest court of competent jurisdiction where the claim was timely filed or appealed as to all the plaintiff's claims for relief to which this act otherwise applies. Nothing in this act is intended to change existing law relating to product liability actions based upon disease." Session Laws 2017-138, s. 10(b), provides: "This section is to clarify and not alter G.S. 1-52 ." Session Laws 2017-138, s. 11, provides, in part: "Section 10 of this act, being a clarifying amendment, has retroactive effect and applies to claims accrued or pending prior to and after the date that section becomes law. Nothing in this act provides retroactive authority for any system development fee, or any similar fee for water or sewer services to be furnished, collected by a local governmental unit prior to October 1, 2017." Session Laws 2019-164 provides in its preamble: "Whereas, the General Assembly has provided through the enactment of G.S. 1-47(6) and G.S. 1-52(18) two limitations periods for actions brought against a registered land surveyor as defined in G.S. 89C-3(9) or a person acting under the surveyor's supervision and control for physical damage or for economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting; and "Whereas, it was the intent of the General Assembly to establish a 3-year statute of limitation under G.S. 1-52(18) and a 10-year statute of repose under G.S. 1-47(6) for such actions; and "Whereas, the North Carolina courts have held that the limitations period under G.S. 1-47(6) is more specific and provides a longer period of time than the limitations period under G.S. 1-52(18) ; and, consequently, that the 10-year limitation under G.S. 1-47(6) applies to the exclusion of the 3-year limitation under G.S. 1-52(18) ; and "Whereas, such ruling by the North Carolina courts have rendered the 3-year limitation under G.S. 1-52(18) a nullity, contrary to the intent of the General Assembly; and "Whereas, the General Assembly wishes to amend the provisions of G.S. 1-47 and G.S. 1-52 to establish a 3-year statute of limitation and 7-year statute of repose for such causes of action; Now, therefore," Session Laws 2019-164, s. 3 is a severability clause. Session Laws 2019-164, s. 4 made the amendment to subdivision (18) of this section by Session Laws 2019-164, s. 2, which substituted "professional" for "registered," substituted "the surveyor's" for "his," and substituted "platting" for "platting as defined in G.S. 1-47(6) " in the first sentence, and added the last three sentences, effective July 26, 2019, and applicable to actions arising on or after that date. Session Laws 2019-245, s. 4(b), provides: "Effective from January 1, 2020, until December 31, 2021, this section revives any civil action for child sexual abuse otherwise time-barred under G.S. 1-52 as it existed immediately before the enactment of this act." Session Laws 2019-245, s. 9(a), is a severability clause. Session Laws 2019-245, s. 9(b), provides: "Prosecutions for offenses committed before the effective date of this act [December 1, 2019] are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions. Effect of Amendments. - Session Laws 2007-491, s. 3, effective January 1, 2008, deleted "G.S. 105-267 and" following "as provided in" in subdivision (15). Session Laws 2010-129, s. 6, effective July 21, 2010, added subdivision (20). Session Laws 2014-17, s. 2, in the first sentence substituted "law" for "statute" and in the second sentence substituted "Except as provided in G.S. 130A-26.3 ," for "Provided that" in subdivision (16). For effective date and applicability, see Editor's note. Session Laws 2017-138, s. 10, effective July 20, 2017, rewrote subdivision (15) which formerly read: "For the recovery of taxes paid as provided in G.S. 105-381 ." Session Laws 2019-164, s. 2, substituted "professional" for "registered", "the surveyor's" for "his" and "platting" for "platting as defined in G.S. 1-47(6) " in the first sentence of subdivision (18); and added the last three sentences of subdivision (18). For effective date and applicability, see editor's note. Session Laws 2019-245, s. 4.2(a), effective December 1, 2019, inserted "except as provided by G.S. 1-17(d) and (e)" in subdivision (5); inserted "or G.S. 1-17(d) and (e)" in the second sentence of subdivision (16); and rewrote subdivision (19), which formerly read: "For assault, battery, or false imprisonment." Legal Periodicals. - For comment on limitations as to claims between spouses, see 44 N.C.L. Rev. 197 (1965). For comment on running of limitations against equitable claims, see 44 N.C.L. Rev. 202 (1965). For note on when a cause of action accrues for limitations purposes in medical malpractice - the discovery rule, see 6 Wake Forest Intra. L. Rev. 532 (1970). For article, "Transferring North Carolina Real Estate Part I: How the Present System Functions," see 49 N.C.L. Rev. 413 (1971). For comment on the seal in North Carolina and the need for reform, see 15 Wake Forest L. Rev. 251 (1979). For survey of 1979 commercial law, see 58 N.C.L. Rev. 1290 (1980). For article, "North Carolina's New Products Liability Act: A Critical Analysis," see 16 Wake Forest L. Rev. 171 (1980). For article discussing product liability as affected by statutes of repose, see 61 N.C.L. Rev. 33 (1982). For comment on the effect of Lamb v. Wedgewood S. Corp., 308 N.C. 419 , 302 S.E.2d 868 (1983), on future cases determining the constitutionality of G.S. 1-50(6) , see 19 Wake Forest L. Rev. 1049 (1983). For comment, "Taking Without Compensation: Measure of Permanent Damages Modified by Application of Limitation of Actions for Trespass," see 20 Wake Forest L. Rev. 671 (1984). For note, "Wilder v. Amatex Corp.: A First Step Toward Ameliorating the Effect of Statutes of Repose on Plaintiffs with Delayed Manifestation Diseases," see 64 N.C.L. Rev. 416 (1986). For note, "Black v. Littlejohn: A New Discovery Formula for Non-apparent Injuries Under the Professional Malpractice Statute of Limitations," see 64 N.C.L. Rev. 1438 (1986). For article, "The Statute of Limitations for Constructive Trusts in North Carolina," see 21 Wake Forest L. Rev. 613 (1986). For survey of North Carolina construction law, with particular reference to statutes of limitation and repose, see 21 Wake Forest L. Rev. 633 (1986). For note discussing the implications of implied warranty protection for used housing, in light of Gaito v. Auman, 70 N.C. App. 21, 318 S.E.2d 555 (1984), aff'd, 313 N.C. 243 , 327 S.E.2d 870 (1985), see 21 Wake Forest L. Rev. 515 (1986). For note examining the limitations period for constructive trusts and the effect of an employment relationship on the property interests of an inventor, see 21 Wake Forest L. Rev. 571 (1986). For article, "The Learned Profession Exemption of the North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?," see 15 Campbell L. Rev. 223 (1993). For note, "Do You Need 'Will Insurance?' Let the Testator Beware - Hargett v. Holland," see 21 N.C. Cent. L.J. 353 (1995). For comment, "Creating the Legal Monster: The Expansion and Effect of Legal Malpractice Liability in North Carolina," see 18 Campbell L. Rev. 121 (1996). For article, "The Law of Alienation of Affections After McCutchen v. McCutchen: In North Carolina, Breaking Up Just Got Harder To Do," see 85 N.C.L. Rev. 1761 (2007).