SENATE BILL REPORT

SB 5053

BYSenators Rasmussen and Barr

Extending time frames for commencement of actions.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 23, 1989

Senate Staff:Ben Barnes (786-7465)

AS OF FEBRUARY 22, 1989

BACKGROUND:

Under current law, an action to quiet title must be commenced within ten years of possession of real property.  An action to quiet title under color of title must be commenced within seven years.

There is concern that the present statute of limitations for bringing a suit in adverse possession does not adequately protect the legal owner of real property.  It is recommended that the statute of limitations for an action to quiet title be increased.

SUMMARY:

The statute of limitations for a suit in adverse possession is increased from ten to twenty years.  The minimum period of possession of real property prior to bringing an action in adverse possession is increased from ten to twenty years.

The statute of limitations for a suit in adverse possession under color of title is increased from seven to fifteen years.  The minimum period of possession of real property prior to bringing an action in adverse possession under color of title is increased from seven to fifteen years.  The minimum period for payment of taxes under color of title is increased from seven to fifteen years.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested