Tennessee Code Annotated

Tenn. Code Ann. § 28-3-105 (2026)

Property tort actions - Statutory liabilities

✓ current as of May 2026

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The following actions shall be commenced within three (3) years from the accruing of the cause of action:

(1) Actions for injuries to personal or real property;

(2) Actions for the detention or conversion of personal property;

(3) Civil actions based upon the alleged violation of any federal or state statute creating monetary liability for personal services rendered, or liquidated damages or other recovery therefor, when no other time of limitation is fixed by the statute creating such liability; and

(4) Actions for unpaid wages for hours worked, overtime, minimum wage, salary, bonuses, commissions, or other compensation owed to an employee or independent contractor, including, but not limited to, any causes of action for breach of contract, unjust enrichment, or quantum merit for unpaid wages for hours worked, overtime, minimum wage, salary, bonuses, commissions, or other compensation.

Amended by 2024 Tenn. Acts, ch. 747,s 1, eff. 7/1/2024.

Code 1858, § 2773 (deriv. Acts 1715, ch. 27, § 5); Shan., § 4470; Code 1932, § 8598; Acts 1945, ch. 130, § 1; mod. C. Supp. 1950, § 8598; modified; T.C.A. (orig. ed.), § 28-305; Acts 1989, ch. 517, § 2.

Notes of Decisions

Cited in 288 cases (51 in the last 5 years), 1981–2026 · leading case: Pero's Steak & Spaghetti House v. Lee, 90 S.W.3d 614 (Tenn. 2002).

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Pero's Steak & Spaghetti House v. Lee, 90 S.W.3d 614 (Tenn. 2002). · cites it 22× “Tenn.Code Ann. § 28-3-105 (emphasis added); see also McConnico v.”

Allied Sound, Inc. v. Neely, 909 S.W.2d 815 (Tenn. Ct. App. 1995). · cites it 20× “Is the complaint barred by T.C.A. § 28-3-105, the three-year statute of limitations applicable to actions for injuries to personal property? 4.”

Brenda Benz-Elliott v. Barrett Enter., LP, 456 S.W.3d 140 (Tenn. 2015). · cites it 12× “Barrett filed an answer to the amended complaint, and pursuant to an agreed order, later amended their answer to raise six affirmative defenses, including the three-year statute of limitations provided in Tennessee Code Annotated section 28-3-105. At the bench trial in October…”

Nationwide Mut. Fire Ins. Co. v. Memphis Light, Gas, & Water, 578 S.W.3d 26 (Tenn. Ct. App. 2018). · cites it 8× ““Specifically, does the filing of the original complaint within the ‘applicable statute of limitations’ refer to the three (3) year statute applicable to 1 Tenn. Code Ann. § 28-3-105 (noting that actions for injuries to real or personal property shall be commenced within three…”

Gunter v. Lab'y Corp. of Am., 121 S.W.3d 636 (Tenn. 2003). · cites it 6× “…three (3) years from the accruing of the cause of action: (1) Actions for injuries to personal or real property....” Tenn.Code Ann. § 28-3-105 (2000).”

Prescott v. Adams, 627 S.W.2d 134 (Tenn. Ct. App. 1981). · cites it 10× “The appellants concede that except as to the causes of action for rescission, breach of fiduciary duty or breach of warranty, the applicable statute of limitations is found in T.C.A. § 28-3-105 which provides that actions for injuries to real property must be commenced within…”

Mid-South Indus., Inc. v. Martin Mach. & Tool, Inc., 342 S.W.3d 19 (Tenn. Ct. App. 2010). · cites it 8× “Tennessee Code Annotated section 28-3-109 provides that “[a]ctions on contracts not otherwise provided for” must be brought within six years after the cause of action accrued.”

Tip's Package Store, Inc. v. Com. Ins. Managers, Inc., 86 S.W.3d 543 (Tenn. Ct. App. 2001). · cites it 8× “§ 28-3-104(a)(l) which has a one year statute of limitations, or a property tort action pursuant to Tenn. Code Ann. § 28-3-105 (1) which has a three year statute of limitations.”

Wanda Cruise v. City of Columbia - Concurring, 922 S.W.2d 492 (Tenn. 1996). · cites it 12× “For the reasons explained below, we hold that the appeal was timely and that plaintiffs claim is controlled by the three-year statute of limitations contained in Tennessee Code Annotated Section 28-3-105 and is, therefore, not barred.”

Ne. Knox Util. Dist. v. Stanfort Constr. Co., 206 S.W.3d 454 (Tenn. Ct. App. 2006). · cites it 7× “Phillips then filed a Motion for Summary Judgment arguing that Stanfort filed suit after the expiration of the applicable statute of limitations, Tenn.Code Ann. § 28-3-105. Stanfort responded by arguing that Phillips did not plead the statute of limitations in his Answer as…”

Individual Healthcare Specialists, Inc. v. Bluecross Blueshield of Tennessee, Inc., 566 S.W.3d 671 (Tenn. 2019). · cites it 2× “The statute of limitations for breach-of-contract actions is six years, see Tenn. Code Ann. § 28-3-109 (a)(3) (2017), and the statute of limitations for unjust enrichment (as asserted in this lawsuit) and conversion is three years, see Tenn.”

Sudberry v. Royal & Sun All., 344 S.W.3d 904 (Tenn. Ct. App. 2009). · cites it 14× “not terminable at will, then an interest in an employment contract is damaged thereby triggering the three (3) year period of Tenn.Code Ann. § 28-3-105. Otherwise, if the employment relationship is not for a definite term and/or is terminable at will then no property interest in…”

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— Tenn. Code Ann. § 28-3-105(1) — 31 cases

Brenda Benz-Elliott v. Barrett Enter., LP, 456 S.W.3d 140 (Tenn. 2015). “Barrett filed an answer to the amended complaint, and pursuant to an agreed order, later amended their answer to raise six affirmative defenses, including the three-year statute of limitations provided in Tennessee Code Annotated section 28-3-105. At the bench trial in October…”

Tip's Package Store, Inc. v. Com. Ins. Managers, Inc., 86 S.W.3d 543 (Tenn. Ct. App. 2001). “§ 28-3-104(a)(l) which has a one year statute of limitations, or a property tort action pursuant to Tenn. Code Ann. § 28-3-105 (1) which has a three year statute of limitations.”

Whaley v. Perkins, 197 S.W.3d 665 (Tenn. 2006).

Tigg v. Pirelli Tire Corp., 232 S.W.3d 28 (Tenn. 2007).

Fairway Vill. Condo. Ass'n v. Connecticut Mut. Life Ins. Co., 934 S.W.2d 342 (Tenn. Ct. App. 1996).

— Tenn. Code Ann. § 28-3-105(2) — 8 cases

Brown v. Tennessee Title Loans, Inc., 328 S.W.3d 850 (Tenn. 2010).

Hanna v. Sheflin, 275 S.W.3d 423 (Tenn. Ct. App. 2008).

Willis v. Smith, 683 S.W.2d 682 (Tenn. Ct. App. 1984).

McLemore v. Olson (In Re B & L Labs., Inc.), 62 B.R. 494 (Bankr. M.D. Tenn. 1986).

Dale Conrad McQuiston v. Thomas Ward, Sheriff of Perry Cnty. (Tenn. Ct. App. 2001).

— Tenn. Code Ann. § 28-3-105(3) — 4 cases

Rosiles-Perez v. Superior Forestry Serv., Inc., 250 F.R.D. 332 (M.D. Tenn. 2008).

Janzen v. Knox Cnty. Bd. of Educ., 790 F.2d 484 (6th Cir. 1986).

Stevens v. Tennessee Valley Auth., 517 F. Supp. 75 (E.D. Tenn. 1981).

The Edward Jackson Younger Fam. Irrevocable Trust, by & Through Angela Tracy Younger, Tr. v. Evelyn W. Ross, Personally & Individually & as Settlor of the Evelyn W. Ross Irrevocable Life Ins. Trust (Tenn. Ct. App. 2025).

— Tenn. Code Ann. § 28-3-105(4) — 1 case

Avelar v. HC Concrete Constr. Grp., LLC (M.D. Tenn. 2024).

— Tenn. Code Ann. § 28-3-105(a) — 2 cases

Clarence Hight v. Donald Ryan Tramel (Tenn. Ct. App. 2020).

Mitchell v. Taylor (M.D. Tenn. 2021).

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