NC General Statutes
N.C. Gen. Stat. § 1-46 (2026)
Periods prescribed
✓ current as of July 2026
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The periods prescribed for the commencement of actions, other than for the recovery of real property, are as set forth in this Article. (C.C.P., s. 30; Code, s. 151; Rev., s. 390; C.S., s. 436.)
Notes of Decisions
Cited in 25
cases (6 in the last 5 years), 1945–2024 · leading case: Raftery v. Wm. C. Vick Constr. Co., 230 S.E.2d 405 (N.C. 1976).
Raftery v. Wm. C. Vick Constr. Co., 230 S.E.2d 405 (N.C. 1976). “(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled him to an action for damages therefor, the person or corporation that would have been so liable, and his or their personal…”
Burgess v. Burgess, 698 S.E.2d 666 (N.C. Ct. App. 2010). “§ 50-20 had already been invoked, the remedy of partition in Superior Court under N.C. Gen.Stat. § 1-46 was no longer available.”
Amward Homes, Inc. v. Town of Cary, 698 S.E.2d 404 (N.C. Ct. App. 2010). “After reviewing the entirety of Chapter I, article 5 of our General Statutes, N.C. Gen.Stat. § 1-46 through -55 (2009), we can ascertain no specific shorter limitations period applying to the type of declaratory claims brought by plaintiffs in this case.”
CTS Corp. v. Waldburger, 82 U.S.L.W. 4443 (2014). “for the commencement of actions [for personal injury or damage to property]," N.C. Gen.Stat. Ann. §§ 1-46, 1-52 (Lexis 2013), includes in the same paragraph, § 1-52(16), both a discovery rule and an absolute period of repose.”
Duke Energy Carolinas, LLC v. Gray, 789 S.E.2d 445 (N.C. 2016). “See N.C.G.S. § 1-46 (2015) (stating that the limitations periods found in Article 5 are for “actions, other than for the recovery of real property”).”
BW Acceptance Corp. v. Spencer, 149 S.E.2d 570 (N.C. 1966). “1-16; G.S. 1-46; G.S. 1-52(9). The authorities are to the effect that in an action grounded on fraud, the statute of limitations begins to run from the discovery of the fraud or from the time it should have been discovered in the exercise of reasonable diligence.”
Thurston Motor Lines, Inc. v. Gen. Motors Corp., 128 S.E.2d 413 (N.C. 1962). “1-15; G.S. 1-46; G.S. 1-52(1); G.S. 1-52(4). “In general a cause or right of action accrues, so as to start the running of the statute of limitations, as soon as the right to institute and maintain a suit arises, .”
Carlton v. Melvin, 697 S.E.2d 360 (N.C. Ct. App. 2010). “§ 1-53 (4) (2009); see also N.C. Gen. Stat. § 1-46 (“The periods prescribed for the commencement of actions, other than for the recovery of real property, are as set forth in this Article.”
Holley v. Hercules, Inc., 359 S.E.2d 47 (N.C. Ct. App. 1987). “G.S. 1-46; G.S. 1-52(16). It is not contended here that his action for compensatory damages is barred by that statute and there is no basis for doing so, though it was instituted more than three years after the injuries were allegedly sustained; for that part of this action…”
Jennings v. Lindsey, 318 S.E.2d 318 (N.C. Ct. App. 1984). “G.S. 1-46, in conjunction with G.S. 1-52(9), provides that “an action .”
Henderson v. Henderson, 59 S.E.2d 227 (N.C. 1950). “G.S. 1-46 and Gr.S. 1-52. Moreover, all assignments of error, material to the motion of plaintiff, made on special appearance, have been given consideration, and fail to show cause for disturbing the decision reached in the court below.”
Hager v. Brewer Equip. Co., 195 S.E.2d 54 (N.C. Ct. App. 1973). “G.S. 1-46; G.S. 1-52(1) and G.S. 1-52(5).”
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