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 any entry or defense founded on the title to real property, or to rents or services out of the property, is, at the time the title first descends or accrues, imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than life, the time, not exceeding two years, during which imprisonment continues is not deemed any 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 imprisonment ceases, or after the death of the person entitled, who dies while imprisoned; but the action shall not be commenced, or entry or defense made, after that period.
§ 328.5.Person Entitled to Commence Action Imprisoned
Title 2. Of the Time of Commencing Civil Actions · Chapter 2. The Time of Commencing Actions for the Recovery of Real Property · Enacted 1994 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 328.5 tolls the real-property limitations period in this chapter, up to two years, while a person entitled to sue for the property was imprisoned on a criminal charge or serving a sentence when title first descended or accrued.
Full Text of § 328.5
Plain-English Summary
Section 328.5 gives a limited grace period to someone who was locked up at the exact moment they became entitled to bring a real-property action — to recover land, to recover possession of it, or to make an entry or defense based on title to it or on rents or services owed from it. If that person was imprisoned on a criminal charge, or already serving a sentence short of life, when the right first arose, up to two years of that imprisonment doesn’t count against the deadlines set elsewhere in this chapter.
The tolling doesn’t erase the deadline altogether. The action still has to be brought, or the entry or defense still has to be made, within five years after the imprisonment ends — or, if the person dies while still imprisoned, within five years after the death. Miss that five-year window and the right is gone regardless of the earlier tolling.
Frequently Asked Questions
Does being in prison stop the clock entirely on a real-property claim?
No. Section 328.5 excuses only up to two years of imprisonment from counting against the deadline, and even then the claim must be brought within five years after release or death, whichever comes first.
What kinds of real-property claims does this cover?
Actions to recover real property or its possession, and entries or defenses founded on title to real property or on rents or services owed from it.
Amendment History
Added by Stats. 1994, Ch. 1083, Sec. 3. Effective January 1, 1995.
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: tolling statute of limitations while imprisoned californiaccp 328.5 real property