Trespass Claim Accrues on First Discovery of Invasion on Land

REQUIRED SHOWING FOR TRESPASS CLAIM

In order to prevail on a claim for Trespass to real property, a Plaintiff must show an unauthorized physical entry onto his property by some person or thing.  Warwick Towers Council of Co-Owners v. Park Warwick, L.P., 298 S.W.3d 436, 447 (Tex. App.–Houston [14th Dist.] 2009, no pet.).

The entry must be physical, but it need not be human entry. Causing an object, including water, to enter another’s land can constitute actionable trespass.

LIMITATIONS FOR TRESPASS CLAIM IS 2 YEARS

Like all causes of action, trespass claims are subject to limitations. Specifically, trespass claims (like nuisance claims) are governed by a two-year statute of limitations. See TEX. CIV. PRAC. & REM. CODE ANN. § 16.003(a):

Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD.

(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for 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, and forcible detainer not later than two years after the day the cause of action accrues.

(b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.

WHEN TRESPASS CLAIM ACCRUES (WHEN LIMITATIONS PERIOD BEGINS)

“Accrual” refers to the date that a claim or right of action first arises. According to Black’s Law Dictionary, “Accrue”  means “to come into existence as an enforceable claim or right; to arise.”   Think of the accrual date as the date that the harm or injury first occurred.

Under the law, the accrual date of a claim is of tremendous importance  because it represents the beginning point  or commencement date of a Plaintiff’s right to bring a lawsuit against a Defendant. Applicable statutes of limitations will bar claims not brought within a certain time after the accrual date.

As stated above, the limitations period for a trespass claim is two years in Texas.

Notably, a trespass cause of action accrues upon discovery of the first physical invasion of the thing on the plaintiff’s property.  See Mitchell Energy Corp. v. Bartlett, 958 S.W.2d 430, 435-36 (Tex. App.–Fort Worth 1997, pet. denied); Waddy v. City of Houston, 834 S.W.2d 97, 102 (Tex. App.–Houston [1st Dist.] 1992, writ denied).

ACCRUAL DATE AND DATE THAT INJURY IS APPRECIATED NOT ALWAYS THE SAME

Beware:  The accrual date can be, and often is, different (earlier) than the date that the Plaintiff realizes the damages or extent of damages caused by the trespass. This is true even where the injury initially appears insubstantial and only later becomes greater. 

“Accrual occurs upon notice of injury, even if the claimant does not yet know the full extent of damages.” Tenn. Gas Transmission Co. v. Fromme, 153 Tex. 352, 269 S.W.2d 336, 338 (Tex. 1954) (“Respondent’s cause of action accrued at the time petitioner began wrongfully discharging the water on the land, and not on the date when the extent of the damages to the land were fully ascertainable.”).