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Chapter 2. the Time of Commencing Actions for the Recovery of Real Property - California Code of Civil Procedure Section 328

Legal Research Home > California Laws > Code of Civil Procedure > Chapter 2. the Time of Commencing Actions for the Recovery of Real Property - California Code of Civil Procedure Section 328

328.  If a person entitled to commence an action for the recovery of
real property, or for the recovery of the possession thereof, or to
make an entry or defense founded on the title to real property, or to
rents or services out of the property, is, at the time title first
descends or accrues, either under the age of majority or lacking
legal capacity to make decisions, the time, not exceeding 20 years,
during which the disability continues is not deemed a portion of the
time in this chapter limited for the commencement of the action, or
the making of the entry or defense, but the action may be commenced,
or entry or defense made, within the period of five years after the
disability shall cease, or after the death of the person entitled,
who shall die under the disability. The action shall not be
commenced, or entry or defense made, after that period.

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Last modified: February 16, 2015