<section number="78B-2-305"><effdate>3/23/2026</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">307</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Actions with a statute of limitations of three years -- Exceptions.</catchline><subsection number="78B-2-305(1)"><subsection number="78B-2-305(1)(a)">Except as otherwise provided in this Subsection <xref depth="4" refnumber="78B-2-305(1)">(1)</xref>, an action may only be brought within three years:<subsection number="78B-2-305(1)(a)(i)">for waste, trespass upon, or injury to real property;</subsection><subsection number="78B-2-305(1)(a)(ii)">for taking, detaining, or injuring personal property, including actions for specific recovery;</subsection><subsection number="78B-2-305(1)(a)(iii)">for relief on the ground of fraud or mistake;</subsection><subsection number="78B-2-305(1)(a)(iv)">for liability created by statutes of this state other than for a penalty or forfeiture under the laws of this state; or</subsection><subsection number="78B-2-305(1)(a)(v)">to enforce liability imposed by Section <xref depth="3" refnumber="78B-3-603">78B-3-603</xref> or for damages under Section <xref depth="3" refnumber="78B-6-1701">78B-6-1701</xref>.</subsection></subsection><subsection number="78B-2-305(1)(b)">An action under Subsection <xref depth="4" refnumber="78B-2-305(1)(a)(i)">(1)(a)(i)</xref> does not accrue until the discovery by the aggrieved party of the facts constituting the waste or trespass if the waste or trespass is committed by means of underground works upon any mining claim.</subsection><subsection number="78B-2-305(1)(c)"><subsection number="78B-2-305(1)(c)(i)">An action described in Subsection <xref depth="4" refnumber="78B-2-305(1)(a)(ii)">(1)(a)(ii)</xref> does not accrue until the owner has actual knowledge of facts that would put a reasonable person upon inquiry as to the possession of the animal by the defendant if:<subsection number="78B-2-305(1)(c)(i)(A)">the subject of the action is a domestic animal usually included in the term "livestock" which at the time of the animal's loss has a recorded mark or brand; and</subsection><subsection number="78B-2-305(1)(c)(i)(B)">the animal strayed or was stolen from the true owner without the owner's fault.</subsection></subsection><subsection number="78B-2-305(1)(c)(ii)">An action described in Subsection <xref depth="4" refnumber="78B-2-305(1)(a)(ii)">(1)(a)(ii)</xref> may be brought within four years in accordance with Subsection <xref depth="4" refnumber="78B-2-307(3)">78B-2-307(3)</xref> for a claim involving damage to personal property from an accident involving a motor vehicle, as defined in Section <xref depth="3" refnumber="41-6a-102">41-6a-102</xref>, including an accident involving a motor vehicle and bicycle.</subsection></subsection><subsection number="78B-2-305(1)(d)">An action described in Subsection <xref depth="4" refnumber="78B-2-305(1)(a)(iii)">(1)(a)(iii)</xref> does not accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake.</subsection><subsection number="78B-2-305(1)(e)">For an action described in Subsection <xref depth="4" refnumber="78B-2-305(1)(a)(iv)">(1)(a)(iv)</xref>, the three-year limitation period does not apply if there is a different limitation period provided by the Utah Code.</subsection><subsection number="78B-2-305(1)(f)">An action described in Subsection <xref depth="4" refnumber="78B-2-305(1)(a)(v)">(1)(a)(v)</xref> does not accrue until the aggrieved party knows or reasonably should know of the harm suffered.</subsection></subsection><subsection number="78B-2-305(2)"><subsection number="78B-2-305(2)(a)">As used in this Subsection <xref depth="4" refnumber="78B-2-305(2)">(2)</xref>:<subsection number="78B-2-305(2)(a)(i)">"Client" means the same as that term is defined in Section <xref depth="3" refnumber="78A-9-103">78A-9-103</xref>.</subsection><subsection number="78B-2-305(2)(a)(ii)">"Unauthorized practice of law" means the same as that term is defined in Section <xref depth="3" refnumber="78A-9-103">78A-9-103</xref>.</subsection></subsection><subsection number="78B-2-305(2)(b)"><subsection number="78B-2-305(2)(b)(i)">The Board of Commissioners for the Utah State Bar may only bring an action for the unauthorized practice of law described in Subsection <xref depth="4" refnumber="78B-9-103(4)">78B-9-103(4)</xref> within three years after the day on which the person engaged in the unauthorized practice of law.</subsection><subsection number="78B-2-305(2)(b)(ii)">If a person engages in continuous conduct that constitutes the unauthorized practice of law, the day on which the limitation period described in Subsection <xref depth="4" refnumber="78B-2-305(2)(b)(i)">(2)(b)(i)</xref> begins when the person ceases to engage in the unauthorized practice of law.</subsection></subsection><subsection number="78B-2-305(2)(c)">A client may only bring an action for the unauthorized practice of law described in Subsection <xref depth="4" refnumber="78B-9-103(5)">78B-9-103(5)</xref> within three years after the day on which the client discovers, or through the use of reasonable diligence should have discovered, that the person engaged in the unauthorized practice of law.</subsection></subsection></section>