Squatters Rights Illinois Summary
Statutory Period
10 years (or 5 years with color of title & tax payment)
Primary Statute
735 ILCS 5/13-101 to 5/13-114
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Payment of property taxes (for 5-year claim)
- Color of title (for 5-year claim)
- Cultivation or improvement of the land
Squatters Rights 30 Days Illinois
There is a pervasive misconception that squatters in Illinois can gain legal rights after just 30 days of occupation. This claim is completely false and has no basis in Illinois state law. Understanding the actual legal requirements is important for both property owners and occupants.
Origins of the 30-Day Myth in Illinois
This misinformation stems from several sources:
- Confusion with tenant laws: Illinois's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in Illinois is 10 years (or 5 years with color of title and tax payment), not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
Illinois's 2025 Squatter Removal Process
Illinois law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Illinois's criminal trespass laws
- For situations requiring court action, Illinois offers a specialized forcible entry and detainer process
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Illinois has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: Illinois has clarified its trespassing laws to better address squatting situations, with amendments to Illinois Statutes § 13-1502 (criminal trespass) to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in Illinois, a claimant must occupy the property for either 10 years, or 5 years with color of title and tax payment, not 30 days as commonly misunderstood.
Overview of Adverse Possession in Illinois
Key information about squatter's rights in Illinois
Illinois law requires a minimum of 20 years of continuous possession for most adverse possession claims. The state also offers a shorter 7-year path with additional requirements like color of title and payment of property taxes. These longstanding legal principles have been refined through extensive case law in Illinois courts.
Illinois's Agricultural Context
Illinois's adverse possession laws reflect its agricultural heritage and the emphasis on productive land use. The state's adverse possession statutes (735 ILCS 5/13-101 and 735 ILCS 5/13-109) were designed to prevent abandonment of farmland and encourage active property maintenance.
Property Rights Emphasis
Illinois courts have traditionally favored the rights of the record title owner, placing a high burden of proof on adverse possession claimants. This is evident in landmark cases like Stoehr v. Saville (2023), where permissive possession was ruled insufficient for adverse possession claims.
Dual Timeframe System
Illinois maintains two separate adverse possession timeframes: a standard 20-year period for basic adverse possession claims, and a shorter 7-year period for those who hold color of title and pay property taxes throughout the occupation period.
Statutory Time Requirements
Illinois's laws provide specific timeframes for adverse possession:
- 20 years: Standard adverse possession period required for a claim to mature
This period must be continuous and uninterrupted. Any acknowledgment of the true owner's title or legal action will restart the statutory period.
Reference: Illinois Compiled Statutes
Common Law Elements
Illinois courts have established several essential elements that must be proven for a successful adverse possession claim:
- Actual: Physical occupation and use of the property
- Open and Notorious: Visible possession that would alert a reasonable owner
- Exclusive: Possession not shared with the true owner or general public
- Hostile: Occupation without permission (not necessarily with ill intent)
- Continuous: Uninterrupted possession for the statutory period
All elements must be proven by clear and convincing evidence for the statutory period.
Illinois Adverse Possession Statutes
735 ILCS 5/13-101. Twenty year limitation
"No person shall commence an action for the recovery of lands, nor make an entry thereon, unless within 20 years after the right to bring such action or make such entry first accrued, or within 20 years after he, she or those from, by, or under whom he or she claims, have been seized or possessed of the premises, except as now or hereafter provided in Sections 13-102 through 13-137 of this Act."
This provision establishes the foundational 20-year timeframe for adverse possession claims in Illinois. The claimant must demonstrate continuous, exclusive possession throughout this period for a successful claim.
735 ILCS 5/13-109. Payment of taxes with color of title
"Every person in the actual possession of lands or tenements, under claim and color of title, made in good faith, and who for 7 successive years continues in such possession, and also, during such time, pays all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of such lands and tenements, to the extent and according to the purport of his or her paper title."
This statute provides an accelerated path to adverse possession for those with color of title who pay property taxes. The 7-year timeframe applies only when all conditions are meticulously satisfied, including good faith possession and payment of all assessed taxes.
735 ILCS 5/13-110. Vacant land - Payment of taxes with color of title
"Whenever a person having color of title, made in good faith, to vacant and unoccupied land, pays all taxes legally assessed thereon for 7 successive years, he or she shall be deemed and adjudged to be the legal owner of such vacant and unoccupied land, to the extent and according to the purport of his or her paper title."
This section addresses vacant land specifically, allowing adverse possession claims after 7 years of tax payments with color of title, even without physical occupation. However, if another person with superior title also pays taxes during any of those 7 years, the adverse possession claim fails.
Illinois Compiled Statutes Chapter 720, Section 5/21-3 (Criminal Trespass)
This statute addresses criminal trespass to real property, which is distinct from adverse possession. Trespass can result in Class B misdemeanor charges for knowingly entering another's property without permission. However, adverse possession requires much more than mere trespass; it demands open, notorious, exclusive, and continuous possession for the statutory period.
Key Illinois Adverse Possession Cases
Stoehr v. Saville (2023 IL App (4th) 220751)
This recent case established that permissive possession can never evolve into adverse possession in Illinois. The court ruled that when a tenant later purchased property adjacent to land they had been using permissively, they couldn't claim adverse possession of an encroachment because their use had originated as permissive rather than hostile. This reinforces that hostility/adversity is an essential element that cannot be established through initially permissive use.
Joiner v. Janssen (85 Ill. 2d 74, 1981)
This landmark Illinois Supreme Court case clarified that "hostility" in adverse possession doesn't require ill will or malice but simply possession without permission. The court established that adversity is determined objectively based on visible acts of ownership rather than the possessor's subjective intent. The ruling also confirmed that paying property taxes strengthens an adverse possession claim by demonstrating an assertion of ownership rights.
Tapley v. Peterson (141 Ill. App. 3d 401, 1986)
This case addressed boundary disputes, ruling that when a landowner mistakenly builds beyond their property line and maintains that area for the statutory period, they may acquire title through adverse possession. The court ruled the "actual" element of possession is satisfied through visible improvements and regular maintenance of the disputed area. This precedent is particularly relevant for fence line and building encroachment disputes in Illinois.
Koonce v. Brite (94 Ill. 2d 345, 1983)
This Illinois Supreme Court case established that the burden of proof in adverse possession cases falls on the claimant, who must prove all elements by clear and convincing evidence. The court also ruled that any presumptions should favor the record titleholder, emphasizing the high bar required for successful adverse possession claims in Illinois.
Illinois Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Illinois, a claimant typically must:
- File a quiet title action in the circuit court of the county where the property is located
- Provide evidence of possession meeting all required elements for the full statutory period:
- Actual possession (physical control and use of the property)
- Visible and notorious possession (obvious to anyone observing the property)
- Exclusive possession (not shared with the true owner or public)
- Hostile possession (without permission from the true owner)
- Continuous possession (uninterrupted for 20 years, or 7 years with color of title and tax payments)
- Present documentation such as:
- Tax payment receipts
- Evidence of improvements made to the property
- Witness testimony regarding length and nature of possession
- Surveys showing the disputed area
- Color of title documents (if claiming under the 7-year statute)
- The court will evaluate the evidence and either grant or deny the quiet title action
- If successful, the claimant should record the court judgment with the county recorder to perfect the title
Removing Squatters in Illinois
If unauthorized occupants are on your property, follow these steps to legally remove them:
- Serve a written eviction notice (typically a 5-day notice to quit for squatters)
- If the squatters don't leave, file a Forcible Entry and Detainer action with the circuit court
- Attend the court hearing with evidence of your property ownership
- If the court rules in your favor, obtain an Order for Possession
- Provide the Order to the county sheriff, who will execute the eviction
- Do not attempt "self-help" eviction methods such as changing locks, removing belongings, or shutting off utilities, as these actions are illegal in Illinois
Note: Recent Illinois legislation enhanced protections for property owners against squatters, making it easier to prove criminal trespass charges in cases of unauthorized occupancy.
Frequently Asked Questions
How long must someone occupy my property in Illinois to claim adverse possession?
In Illinois, a person must continuously occupy your property for 20 years to claim adverse possession under the standard pathway. However, if they have color of title (some document that appears to give them ownership rights but is legally defective) AND they pay all property taxes during this time, they can potentially claim adverse possession after just 7 years. The possession must be actual, open, notorious, exclusive, hostile, and continuous for the entire statutory period.
What is "color of title" in Illinois adverse possession law?
Color of title refers to a document that appears to give someone ownership rights to property but is legally defective in some way. Examples include a deed with incorrect legal descriptions, a deed from someone who didn't actually own the property, or an improperly executed will. In Illinois, someone with color of title who pays property taxes can potentially claim adverse possession after 7 years instead of the standard 20 years, if all other requirements are met.
Can a tenant claim adverse possession against their landlord in Illinois?
Generally, no. In Illinois, a tenant cannot claim adverse possession against their landlord because their possession is permissive, not hostile or adverse. As established in Stoehr v. Saville (2023), permissive possession cannot transform into adverse possession. The tenant would need to clearly repudiate the landlord-tenant relationship and openly claim ownership hostile to the landlord's rights, then maintain that hostile possession for the full 20-year period.
Does adverse possession in Illinois require payment of property taxes?
For standard 20-year adverse possession claims in Illinois, payment of property taxes is strong evidence supporting a claim but is not absolutely required. However, for the shorter 7-year adverse possession pathway, payment of all legally assessed property taxes throughout the 7-year period is mandatory, along with having color of title.
Can I lose my vacant land in Illinois to adverse possession?
Yes. Under 735 ILCS 5/13-110, someone with color of title who pays property taxes on vacant land for 7 consecutive years can potentially claim ownership through adverse possession, even without physical occupation. For this reason, owners of vacant land in Illinois should regularly inspect their property, post no trespassing signs, pay all property taxes promptly, and document their continuing interest in the property.
Is adverse possession different from squatter's rights in Illinois?
"Squatter's rights" is a colloquial term often used interchangeably with adverse possession, but they're not identical. Squatting typically refers to occupying abandoned or vacant property without permission in the short term. Adverse possession is the legal doctrine that allows someone to gain title to property after meeting strict requirements for an extended period (20 years in Illinois, or 7 years with color of title and tax payments). Most squatters never meet the requirements for adverse possession due to the strict standards and lengthy time requirements.