State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-52

§ 1‑52.  Three years.

Within three years an action –

(1)        Upon a contract,obligation or liability arising out of a contract, express or implied, exceptthose mentioned in the preceding sections or in G.S. 1‑53(1).

(1a)      Upon the officialbond of a public officer.

(2)        Upon a liabilitycreated by statute, either state or federal, unless some other time ismentioned in the statute creating it.

(3)        For trespass uponreal property. When the trespass is a continuing one, the action shall becommenced within three years from the original trespass, and not thereafter.

(4)        For taking,detaining, converting or injuring any goods or chattels, including action fortheir specific recovery.

(5)        For criminalconversation, or for any other injury to the person or rights of another, notarising on contract and not hereafter enumerated.

(6)        Against the suretiesof any executor, administrator, collector or guardian on the official bond oftheir principal; within three years after the breach thereof complained of.

(7)        Against bail; withinthree years after judgment against the principal; but bail may dischargehimself by a surrender of the principal, at any time before final judgmentagainst the bail.

(8)        For fees due to aclerk, sheriff or other officer, by the judgment of a court; within three yearsfrom the entry of the judgment, or the issuing of the last execution thereon.

(9)        For relief on theground of fraud or mistake; the cause of action shall not be deemed to haveaccrued until the discovery by the aggrieved party of the facts constitutingthe fraud or mistake.

(10)      Repealed by SessionLaws 1977, c. 886, s. 1.

(11)      For the recovery ofany amount under and by virtue of the provisions of the Fair Labor StandardsAct of 1938 and amendments thereto, said act being an act of Congress.

(12)      Upon a claim for losscovered by an insurance policy that is subject to the three‑yearlimitation contained in G.S. 58‑44‑16.

(13)      Against a publicofficer, for a trespass, under color of his office.

(14)      An action underChapter 75B of the General Statutes, the action in regard to a continuingviolation accrues at the time of the latest violation.

(15)      For the recovery oftaxes paid as provided in G.S. 105‑381.

(16)      Unless otherwiseprovided by statute, for personal injury or physical damage to claimant'sproperty, 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 physicaldamage to his property becomes apparent or ought reasonably to have becomeapparent to the claimant, whichever event first occurs. Provided that no causeof action shall accrue more than 10 years from the last act or omission of thedefendant giving rise to the cause of action.

(17)      Against a publicutility, electric or telephone membership corporation, or a municipality fordamages or for compensation for right‑of‑way or use of any landsfor a utility service line or lines to serve one or more customers or membersunless an inverse condemnation action or proceeding is commenced within threeyears after the utility service line has been constructed or by October 1,1984, whichever is later.

(18)      Against anyregistered land surveyor as defined in G.S. 89C‑3(9) or any person actingunder his supervision and control for physical damage or economic or monetaryloss due to negligence or a deficiency in the performance of surveying orplatting as defined in G.S. 1‑47(6).

(19)      For assault, battery,or false imprisonment.  (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.)