Section 893.17. Transition; limitation if disability exists; temporary.

 

(1)  This section does not apply to a cause of action which accrues on or after July 1, 1980.

(2)  Except as provided in sub. (2m) , if a person entitled to commence any action for the recovery of real property or to make an entry or defense founded on the title to real property or to rents or services out of the real property is, at the time the title shall first descend or accrue, under any of the following disabilities, the time during which the disability continues is not a part of the time limited by this chapter for the commencement of the action or the making of the entry or defense:

(a) The person is under the age of 18 years.

(b) The person is insane.

(c) The person is imprisoned on a criminal charge or in execution upon conviction of a criminal offense, for a term less than for life.

(2m)  An action under sub. (2) may be commenced or entry or defense made, after the time limited and within 5 years after the disability ceases or the person entitled dies, if the person dies while under the disability, but the action shall not be commenced or entry or defense made after that period.

(3)  This section shall not operate to extend the time for commencing any action or assertion of a defense or counterclaim with respect to which a limitation period established in s. 893.33 has expired and does not apply to s. 893.41 , 893.59 , 893.62 , 893.73 to 893.76 , 893.77 (3) , 893.86 or 893.91 or subch. VIII .

1971 c. 213 s. 5 ; 1979 c. 323 ; 1999 a. 85 . Judicial Council Committee's Note, 1979: This section is previous s. 893.135 of the statutes renumbered for more logical placement into restructured ch. 893 and amended to make its disability provisions applicable only to a cause of action for recovery of real property or to make an entry or defense founded on the title to real property or to its rents or services which accrues prior to July 1, 1980. The general disability provisions in s. 893.16 applicable to all statutes of limitation in ch. 893 apply to all causes of action which accrue on or after July 1, 1980. [Bill 326-A]