Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5526 (2026)

Five year limitation.

✓ current as of May 2026

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§ 5526. Five year limitation.

The following actions and proceedings must be commenced within five years:

(1) An action for revival of a judgment lien on real property.

(2) An action for specific performance of a contract for sale of real property or for damages for noncompliance therewith.

(3) An action to enforce any equity of redemption or any implied or resulting trust as to real property.

(4) (Deleted by amendment).

(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; May 4, 2006, P.L.112, No.34, eff. 120 days)

2006 Amendment. Act 34 deleted par. (4). Section 6(1) of Act 34 provided that Act 34 shall apply to all condemnations effected on or after the effective date of section 6. Section (6)(3) of Act 34 provided that the amendment of par. (4) shall apply only to causes of action which accrue after the effective date of section 6.

Notes of Decisions

Cited in 43 cases (6 in the last 5 years), 1984–2025 · leading case: Church of Grace & Glory v. Commonwealth, Dep't of Transp., 76 A.3d 101 (Pa. Commw. Ct. 2013).

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Church of Grace & Glory v. Commonwealth, Dep't of Transp., 76 A.3d 101 (Pa. Commw. Ct. 2013). · cites it 3× “5 DOT took the position that, pursuant to Section 5526(4) Of the Judicial Code, 42 Pa.C.S. § 5526(4), a petition for the appointment must be commenced within five years of the payment of estimated just compensa *106 tion into the court.”

Gustine Uniontown Assocs., Ltd. v. Anthony Crane Rental, Inc., 842 A.2d 334 (Pa. 2004). · cites it 2× “at 253-54 (quoting 42 Pa.C.S. § 5526(2)). In the panel’s view, the General Assembly could not have intended the “absurd result” that an action for specific performance be subject to a longer period of limitations than a breach of contract action alleging latent defects in the…”

Condemnation by the Redevelopment Auth. of Fayette Cnty. of Certain Land In Brownsville Borough, Being Prop. of: Alpha Fin. Mortg., Inc., its Successors & assigns v. Redevelopment Auth. of Fayette Cnty., 152 A.3d 375 (Pa. Commw. Ct. 2016). · cites it 4× “2 states that: Notwithstanding the provisions of 42 Pa. C.S. § 5526(4) (relating to five year limitation) or any other provision of law to the contrary, a proceeding to challenge just compensation or other damages if a redevelopment authority has exercised powers of condemnation…”

Weik v. Est. of Brown, 794 A.2d 907 (Pa. Super. Ct. 2002). “¶ 3 The case was dismissed after Appel-lee moved for judgment on the pleadings and argued that the five-year statute of limitations applicable to breach of contract actions, 42 Pa.”

In Re Upset Sale, Tax Cl. Bureau of Berks, 479 A.2d 940 (Pa. 1984). “42 Pa.C.S. § 5526. Yet the law is quite clear that although a lien may be extinguished by its failure to be revived, a judgment neither satisfied nor discharged remains in full force and effect.”

Harrington, S. v. Jeffers Farms, Inc., 303 A.3d 482 (Pa. Super. Ct. 2023). · cites it 2× “§ 5524; and complaints of constructive trust “within five years[,]” 42 Pa.C.S. § 5526. “[O]nce the prescribed statutory period has expired, the complaining party is barred from bringing suit.”

Joshua Hill, Inc. v. Whitemarsh Twp. Auth. (In Re Joshua Hill, Inc.), 199 B.R. 298 (E.D. Pa. 1996). · cites it 3× “§ 5529(b)(1), or the five-year period for certain real estate claims, pursuant to 42 Pa.C.S. § 5526(2). In addition, the Plaintiffs argue that their contractual claims should not be deemed to have accrued until their causes of action (Claim VII—Ground Rents, and Claim IX— Breach…”

Hostetter v. Hoover, 547 A.2d 1247 (Pa. 1988). “…limitations requires that an action to enforce a contract for the sale of real estate be brought within five years. 42 Pa.C.S. § 5526.”

Huss v. Commonwealth, 512 A.2d 1356 (Pa. Commw. Ct. 1986). · cites it 2× “Pennsylvania Public Utilities Commission (with respect to railroad crossings within the Commission's jurisdiction, the Commission has exclusive power to apportion and allocate costs and authority extends to the highway approaches where highway crosses railroad right of way by…”

West Whiteland Assocs. v. Commonwealth, 690 A.2d 1266 (Pa. Commw. Ct. 1997). “42 Pa.C.S. § 5526. Here, Condemnee waited for more than four years to file its petition for viewers and did not raise, in this petition, the issue as to the size of its property.”

White v. Twp. of Upper St. Clair, 968 A.2d 806 (Pa. Commw. Ct. 2009). “Highley contends that the only time limitation applicable to this action is the 5 year limit to enforce a violation of a trust found at Section 5526(3) of the Judicial Code, 42 Pa.C.S. § 5526(3) and this action falls within that time limitation.”

Stark v. Equitable Gas Co., LLC, 116 A.3d 760 (Pa. Commw. Ct. 2015). “42 Pa.C.S. § 5526(4) (repealed by the Act of May 4, 2006, P.”

Show all 43 citing cases →

— 42 Pa. Cons. Stat. § 5526(1) — 5 cases

Jackson, J. v. Shefa Investments, LLC (Pa. Super. Ct. 2019).

Pier 3 Condo v. Khalil, A. (Pa. Super. Ct. 2025).

Susquehanna Bank v. Bleacher, B. (Pa. Super. Ct. 2015).

United States v. Shadle, 16 Pa. D. & C.4th 297 (1992).

Popatak v. Evans, 26 Pa. D. & C.4th 244 (1995).

— 42 Pa. Cons. Stat. § 5526(2) — 5 cases

Gustine Uniontown Assocs., Ltd. v. Anthony Crane Rental, Inc., 842 A.2d 334 (Pa. 2004). “at 253-54 (quoting 42 Pa.C.S. § 5526(2)). In the panel’s view, the General Assembly could not have intended the “absurd result” that an action for specific performance be subject to a longer period of limitations than a breach of contract action alleging latent defects in the…”

Joshua Hill, Inc. v. Whitemarsh Twp. Auth. (In Re Joshua Hill, Inc.), 199 B.R. 298 (E.D. Pa. 1996). “§ 5529(b)(1), or the five-year period for certain real estate claims, pursuant to 42 Pa.C.S. § 5526(2). In addition, the Plaintiffs argue that their contractual claims should not be deemed to have accrued until their causes of action (Claim VII—Ground Rents, and Claim IX— Breach…”

Gustine Uniontown Assocs., Ltd. Ex Rel. Gustine Uniontown, Inc. v. Anthony Crane Rental, Inc., 786 A.2d 246 (Pa. Super. Ct. 2001).

Pennsylvania Footwear Corp. v. Midlantic Bank, N.A. (In re Pennsylvania Footwear Corp.), 199 B.R. 534 (Bankr. E.D. Pa. 1996).

Blackmon, D. v. Moore, Z. (Pa. Super. Ct. 2020).

— 42 Pa. Cons. Stat. § 5526(3) — 4 cases

Tigue v. Steger (In Re Tigue), 82 B.R. 724 (Bankr. E.D. Pa. 1988).

Truxal v. Truxal, 482 A.2d 1001 (Pa. Super. Ct. 1984).

Boyko, E. v. Boyko, C. (Pa. Super. Ct. 2023).

— 42 Pa. Cons. Stat. § 5526(4) — 12 cases

Church of Grace & Glory v. Commonwealth, Dep't of Transp., 76 A.3d 101 (Pa. Commw. Ct. 2013). “5 DOT took the position that, pursuant to Section 5526(4) Of the Judicial Code, 42 Pa.C.S. § 5526(4), a petition for the appointment must be commenced within five years of the payment of estimated just compensa *106 tion into the court.”

Condemnation by the Redevelopment Auth. of Fayette Cnty. of Certain Land In Brownsville Borough, Being Prop. of: Alpha Fin. Mortg., Inc., its Successors & assigns v. Redevelopment Auth. of Fayette Cnty., 152 A.3d 375 (Pa. Commw. Ct. 2016). “2 states that: Notwithstanding the provisions of 42 Pa. C.S. § 5526(4) (relating to five year limitation) or any other provision of law to the contrary, a proceeding to challenge just compensation or other damages if a redevelopment authority has exercised powers of condemnation…”

Huss v. Commonwealth, 512 A.2d 1356 (Pa. Commw. Ct. 1986). “Pennsylvania Public Utilities Commission (with respect to railroad crossings within the Commission's jurisdiction, the Commission has exclusive power to apportion and allocate costs and authority extends to the highway approaches where highway crosses railroad right of way by…”

Stark v. Equitable Gas Co., LLC, 116 A.3d 760 (Pa. Commw. Ct. 2015). “42 Pa.C.S. § 5526(4) (repealed by the Act of May 4, 2006, P.”

In Re Flowers, 734 A.2d 69 (Pa. Commw. Ct. 1999).

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