Statute of Limitations

• Different statutes of limitation apply depending on the nature of the action. Under Texas Civil Practice and Remedies Code Sec. 16.004, an action for breach of a contract to convey real property must begin within four years of breach. The four-year statute will also apply to any action not specifically covered in the Code. Contractual provisions may shorten the statute of limitations to two years.
  
  

Disabilities Tolling the Statute

• The statute of limitations will not begin to run against someone under the age of 18 or mentally incompetent. Under Texas law, a person cannot tack one disability onto another to extend the statute.
  
  

Other Factors Affecting the Statute

• A defendant's temporary absence from the state will toll the statute of limitations during that absence. A dismissal for lack of jurisdiction can extend the statute by up to 60 days provided that the plaintiff refiles the action in a court of proper jurisdiction.