N.C. Gen. Stat. § 1-56
All other actions, 10 years
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(a) Except as provided by subsection (b) of this section, an action for relief not otherwise limited by this subchapter may not be commenced more than 10 years after the cause of action has accrued.
(b) A civil action for child sexual abuse is not subject to the limitation in this section. (C.C.P., s. 37; Code, s. 158; Rev., s. 399; C.S., s. 445; 1951, c. 837, s. 3; 2019-245, s. 4.3.)
Notes of Decisions
Cited in 79
cases (16 in the last 5 years), 1949–2026 · leading case: Honeycutt v. Weaver
Honeycutt v. Weaver (2018)
“%20%C2%A7%201-56"> N.C. Gen. Stat. § 1-56 (2015), and that the statute did not begin running until Tommy had knowledge of the real property conveyance from Margaret to Brenda.”
Quality Built Homes Inc. v. Town of Carthage (2018)
“*222 On 30 December 2016, the Court of Appeals filed an unpublished opinion holding that plaintiffs' claims against the Town were subject to the ten-year statute of limitations set out in N.C.G.S. § 1-56, Quality Built Homes Inc.”
Toomer v. Branch Banking and Trust Co. (2005)
“However, “[a] claim of constructive fraud based upon a breach of fiduciary duty falls under the ten-year statute of limitations contained in N.C. Gen. Stat. § 1-56 [2003].” 2 Nationsbank of N.”
Amward Homes, Inc. v. Town of Cary (2010)
“In light of the above principles, we turn to plaintiffs' claim that all their claims are governed by the ten-year statute of limitations contained in N.C. Gen.Stat. § 1-56 (2009). B.”
Piles v. Allstate Insurance (2007)
“With the exception of constructive fraud, which is governed by a ten-year statute of limitations, see N.C. Gen.Stat. § 1-56 (2005), each of Ms.”
Tommy Davis Construction, Inc. v. Cape Fear Public Utility Authority (2015)
“They contend that the district court incorrectly concluded that the catchall 10-year statute of limitations provided by N.C. Gen.Stat. § 1-56 applies to Davis Construction’s ultra vires claim.”
Babb v. Graham (2008)
““However, ‘[a] claim of constructive fraud based upon a breach of fiduciary duty falls under the ten-year statute of limitations contained in N.C. Gen. Stat. § 1-56 [2003].’” Id.”
Stratton v. Royal Bank of Canada (2011)
“2d 858, 861 (2009); see also N.C. Gen. Stat. § 1-56 (2009) (stating that claims for relief not covered by other limitation periods “may not be com *92 menced more than 10 years after the cause of action has accrued”).”
Speck v. North Carolina Dairy Foundation, Inc. (1983)
“Because the record contains evidence supporting plaintiffs' allegations of a breach of fiduciary duty, we hold that their claim may fall under the ten-year limitations period *789 of G.S. 1-56 and therefore summary judgment was not proper.”
Bruce v. Bruce (1986)
“The sole issue on appeal is whether the ten year statute of limitations, G.S. 1-56, applies in an action for absolute divorce under G.”
Baars v. Campbell University, Inc. (2002)
“In the present case, plaintiffs’ complaint defined their cause of action as a claim for constructive fraud, which they argue has a ten-year statute of limitations, pursuant to N.C. Gen. Stat. § 1-56 (1999). Section 1-56 states: An action for relief not otherwise limited by this…”
Point S. Props., LLC v. Cape Fear Pub. Util. Auth. (2015)
“Plaintiffs contend that the ten year statute of limitations set out in N.C. Gen.Stat. § 1-56 applies to their claims.”
— N.C. Gen. Stat. § 1-56(a) — 6 cases
Chisum v. Campagna (2021)
Chisum v. Campagna (2021)
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