What is the statute of limitations for an action based upon permanent encroachment?
MultiRegion, United States of America
The following excerpt is from Guam Scottish Rite Bodies v. Flores, 486 F.2d 748 (9th Cir. 1973):
The Guam statutes here under consideration are modeled after their counter-parts
[486 F.2d 750]
in the California codes. Flores' cases suggest that under California law, a permanent encroachment is characterized as a trespass, and that an action based upon such a trespass is barred three years after the encroachment has commenced. However, there is also California authority indicating that the five-year statute of limitations is applicable in cases involving "the features of an action in ejectment". Cella v. Cosgro, 115 Cal.App.2d 816, 253 P.2d 57 (1953). The present case might be seen as one involving the features of an action in ejectment, and it is thus at least arguable that the five-year limitations period is appropriate.[486 F.2d 750]
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