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.
§ 328.Person Entitled to Commence Action Under Age of Majority Or Lacking Legal Capacity
Title 2. Of the Time of Commencing Civil Actions · Chapter 2. The Time of Commencing Actions for the Recovery of Real Property · Last amended 2015 · Last verified July 28, 2026
In one sentenceSection 328 tolls the real property limitations period, for up to twenty years, while a person entitled to sue for recovery of real property is a minor or lacks legal capacity, but requires the action to be brought within five years after the disability ends or the person dies.
Full Text of § 328
Plain-English Summary
Section 328 protects people who cannot reasonably be expected to act on a real property claim because of age or capacity. If someone entitled to sue for recovery of real property, or to make an entry or defense founded on title, rents, or services, is under the age of majority or lacks legal capacity to make decisions when title first descends or accrues, the time during which that disability continues does not count toward the chapter's ordinary limitations period.
That tolling has an outer limit: it cannot exceed twenty years. And once the disability ends, or the disabled person dies still under the disability, the section gives five years to commence the action, make the entry, or raise the defense; after that five-year period, the action is barred.
Section 352 provides a parallel tolling rule for actions other than those involving real property, using the same age-and-capacity framework.
Frequently Asked Questions
What happens if a minor inherits an interest in real property that someone else is occupying?
Section 328 tolls the limitations period while the minor's disability continues, up to a maximum of twenty years, and gives five years after the disability ends to bring the action.
Is there a cap on how long the disability can extend the deadline?
Yes. Section 328 caps the tolled period at twenty years, regardless of how long the disability persists.
What if the person entitled to sue dies while still under the disability?
Section 328 still gives five years from the death to commence the action, make the entry, or raise the defense.
Amendment History
Amended by Stats 2014 ch 144 (AB 1847),s 3, eff. 1/1/2015.
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 minor real property california