No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the property in question, within five years before the commencement of the action.
§ 318.Action For Recovery of Real Property Or Possession of Real Property
Title 2. Of the Time of Commencing Civil Actions · Chapter 2. The Time of Commencing Actions for the Recovery of Real Property · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 318 requires anyone suing to recover real property, or possession of it, to show that they, or an ancestor, predecessor, or grantor, were seized or possessed of the property within five years before filing the action.
Full Text of § 318
Plain-English Summary
Section 318 supplies the general five-year rule for recovering real property or its possession. A plaintiff cannot maintain the action unless the plaintiff, or an ancestor, predecessor, or grantor in the chain of title, was seized or possessed of the property within the five years immediately before the action was commenced.
This is the anchor provision for the real-property limitations chapter. Later sections in this chapter build on the same five-year measure: § 321's presumption of possession running from legal title, and §§ 322 through 325's rules for when an occupant's own possession counts as adverse to that title.
Frequently Asked Questions
How long do I have to sue to recover real property in California?
Section 318 requires the plaintiff, or a predecessor in title, to have been seized or possessed of the property within five years before the action is commenced.
Does the five years run from when I discover the problem?
Section 318 measures the five years from the last seizin or possession by the plaintiff or a predecessor, not from discovery of the dispute.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: five year rule real property californiarecover possession of real property statute of limitations