Chapter 17-2 Two-Year Statute of Limitations

• Jurisdiction: United States

17-2 Two-Year Statute of Limitations

The Texas Civil Practice and Remedies Code provides that the following causes of action are governed by the two-year statute of limitations:⁵

• trespass for injury to the estate or to the property of another
• conversion of personal property
• taking or detaining the personal property of another
• personal injury
• forcible entry and detainer
• forcible detainer
• wrongful death

The two-year statute of limitations is broadly applicable to all tort actions, except for fraud actions, which are governed by the four-year limitations period,⁶ including intentional infliction of emotional distress,⁷ tortious interference with a business relationship,⁸ tortious interference with contract,⁹ civil conspiracy claims,¹⁰ invasion of privacy,¹¹ legal malpractice,¹² an insurer's breach of duty of good faith and fair dealing,¹³ and claims under the DTPA.¹⁴

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Notes:

^[5] Tex. Civ. Prac. & Rem. Code Ann. § 16.003.

^[6] Vol 5, Dorsaneo, Texas Litigation Guide, 72.02[1][b] (Matthew Bender); Church v. Ortho Diagnostic Sys., Inc., 694 S.W.2d 552, 555-56 (Tex. App.—Corpus 1985, writ ref'd n.r.e.).

^[7]Bhalli v. Methodist Hosp., 896 S.W.2d 207, 211 (Tex. App.—Houston [1st Dist.] 1995, writ denied) (citing Twyman v. Twyman, 855 S.W.2d 619, 625 (Tex. 1993) (describing intentional infliction of emotional distress as a claim for personal injury falling...