California Real Estate Practice Exam

In the event there is an encroachment on another's property, legal action must commence within:

1. 1 year

2. 3 years

3. 5 years

4. 6 months

The correct answer is: 1 year

In the context of California law regarding encroachments, the correct timeframe to commence legal action is indeed one year. This is grounded in the statute of limitations that applies to claims involving real property disputes, including encroachments, which are categorized as a type of trespass. Under California law, individuals typically have one year from the date of discovery of the encroachment to take legal action against the party responsible for it. Understanding the statute of limitations is crucial because it sets a definitive timeline within which claimants must act to protect their property rights. Failing to initiate action within this one-year period may result in losing the right to pursue legal remedies or seek removal of the encroachment. Other time frames, such as three, five, or six months, do not apply in this scenario, as they pertain to different types of claims or actions under California law that do not specifically relate to encroachments. Knowing the appropriate statute of limitations is essential for real estate professionals to effectively advise their clients regarding property disputes and encroachments.