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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/12-817
(735 ILCS 5/12-817) (from Ch. 110, par. 12-817)
Sec. 12-817.
Wrongful issuance of summons.
If any person wrongfully
causes summons to issue for a
deduction order, he or she shall be liable to the employee and the employer for
all damages occasioned by such action including reasonable attorney's
fees, which damages or attorney's fees may be proved in the same action
in which the summons was wrongfully issued.
(Source: P.A. 82-280.)
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735 ILCS 5/12-818
(735 ILCS 5/12-818) (from Ch. 110, par. 12-818)
Sec. 12-818.
Discharge or suspension of employee prohibited.
No employer may discharge or suspend any employee by reason of the
fact that his or her earnings have been subjected to a deduction order for any
one indebtedness. Any person violating this Section shall be guilty of a
Class A misdemeanor.
(Source: P.A. 82-280.)
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735 ILCS 5/12-819
(735 ILCS 5/12-819) (from Ch. 110, par. 12-819)
Sec. 12-819. Limitations on Part 8 of Article XII. The provisions of
this Part 8 of Article XII of this Act
do not apply to orders for withholding of income entered by the court under
provisions of The Illinois Public Aid Code, the Illinois Marriage and
Dissolution
of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support
Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Illinois Parentage Act of 1984, and the Illinois Parentage Act of 2015 for
support of a child or maintenance of a spouse.
(Source: P.A. 99-85, eff. 1-1-16 .)
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735 ILCS 5/Art. XII Pt. 9
(735 ILCS 5/Art. XII Pt. 9 heading)
Part 9.
Exemption of Homestead
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735 ILCS 5/12-901
(735 ILCS 5/12-901)
(from Ch. 110, par. 12-901)
Sec. 12-901. Amount. Every individual
is entitled to an estate of
homestead to the extent in value of $15,000 of his or her
interest in
a farm or lot of land and
buildings thereon, a condominium, or personal property,
owned or rightly possessed by lease or otherwise
and occupied by him or her as a residence, or in a cooperative that owns
property that the individual uses as a residence. That
homestead and all
right in and title to that homestead is exempt from
attachment, judgment, levy,
or judgment sale for the payment of his or her debts or other purposes and
from the laws of conveyance, descent, and legacy, except as provided in this
Code or in Section 20-6 of
the Probate Act of
1975. This
Section is not
applicable
between joint tenants or tenants in common but it is applicable as to any
creditors of those persons.
If 2 or more individuals own property that is exempt as a homestead, the
value of the exemption of each individual may not exceed his or her
proportionate share of $30,000 based upon percentage of
ownership.
(Source: P.A. 94-293, eff. 1-1-06.)
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735 ILCS 5/12-902
(735 ILCS 5/12-902) (from Ch. 110, par. 12-902)
Sec. 12-902.
Exemption after death or desertion.
Such exemption shall
continue after the death of such
individual, for the benefit of the spouse surviving,
so long as he or she continues to occupy such homestead, and of the children
until the youngest child becomes 18 years of age; and in case the spouse
deserts his or her family, the exemption shall continue in favor of the
one occupying the premises as a residence.
(Source: P.A. 82-783.)
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735 ILCS 5/12-903
(735 ILCS 5/12-903) (from Ch. 110, par. 12-903)
Sec. 12-903. Extent of exemption. No property shall, by virtue of Part
9 of this Article, be exempt
from sale for
nonpayment of taxes or assessments, or for a debt or liability incurred
for the purchase or improvement thereof, or for enforcement of a lien
thereon pursuant to paragraph (g)(1)
of Section 9 of the "Condominium
Property Act", approved June 20, 1963, as amended,
or be exempt from enforcement of an eviction order
pursuant to paragraph (a)(7) or (a)(8) of Section 9-102 of this Code.
This amendatory Act of the 92nd General Assembly is intended as a
clarification of existing law and not as a new enactment.
(Source: P.A. 100-173, eff. 1-1-18 .)
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735 ILCS 5/12-903.5
(735 ILCS 5/12-903.5)
Sec. 12-903.5. Drug asset forfeitures.
(a) The homestead exemption under this Part 9 of Article XII does not apply
to property subject to forfeiture under Section 505 of the Illinois Controlled
Substances Act, Section 12 of the Cannabis Control Act, Section 85 of the Methamphetamine Control and Community Protection Act, or Section 5 of the
Narcotics Profit Forfeiture Act.
(b) This Section applies to actions pending on or commenced on or after the
effective date of this Section.
(Source: P.A. 94-556, eff. 9-11-05.)
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735 ILCS 5/12-904
(735 ILCS 5/12-904)
(from Ch. 110, par. 12-904)
Sec. 12-904. Release, waiver or conveyance. No release, waiver or conveyance of the estate so exempted shall be
valid, unless the same is in writing, signed by the individual
and his
or her spouse, if he or she have one, or possession is abandoned or
given pursuant to the conveyance; or if the exception is continued to a
child or children without the order of a court directing a release
thereof; but if a conveyance is made by an individual
as grantor to his
or her spouse, such conveyance shall be effectual to pass the title
expressed therein to be conveyed thereby, whether or not the grantor in
such conveyance is joined therein by his or her spouse.
In any case
where such release, waiver or conveyance is taken by way of
mortgage or security, the same shall only be operative as to such
specific release, waiver or conveyance; and when the same includes
different pieces of land, or the homestead is of greater value than
$15,000, the other lands shall first be sold before resorting to
the
homestead, and in case of the sale of such homestead, if any balance
remains after the payment of the debt and costs, such balance
shall, to the extent of $15,000 be exempt, and be applied upon
such
homestead exemption in the manner provided by law.
(Source: P.A. 94-293, eff. 1-1-06.)
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735 ILCS 5/12-905
(735 ILCS 5/12-905) (from Ch. 110, par. 12-905)
Sec. 12-905.
Dissolution of marriage.
In case of a dissolution of marriage,
the court granting the dissolution of marriage may
dispose of the homestead estate according to the equities of the case.
(Source: P.A. 82-280.)
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735 ILCS 5/12-906
(735 ILCS 5/12-906)
(from Ch. 110, par. 12-906)
Sec. 12-906. Proceeds of sale. When a homestead is conveyed by the owner
thereof, such
conveyance shall not subject the premises to any lien or incumbrance to
which it would not be subject in the possession of such owner; and the
proceeds thereof, to the extent of the amount of $15,000, shall
be
exempt from judgment or other process, for one year after the receipt
thereof, by the person entitled to the exemption, and if reinvested in a
homestead the same shall be entitled to the same exemption as the
original homestead.
(Source: P.A. 94-293, eff. 1-1-06.)
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735 ILCS 5/12-907
(735 ILCS 5/12-907) (from Ch. 110, par. 12-907)
Sec. 12-907.
Insurance proceeds.
Whenever a building, exempted as a
homestead, is insured in
favor of the person entitled to the exemption, and a loss occurs,
entitling such person to the insurance, such insurance money shall be
exempt to the same extent as the building would have been had it not
been destroyed.
(Source: P.A. 82-280.)
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735 ILCS 5/12-908
(735 ILCS 5/12-908) (from Ch. 110, par. 12-908)
Sec. 12-908.
Enforcement of lien.
In the enforcement of a lien in
the circuit court upon
premises, including the homestead, if such right is not waived or
released, as provided in Part 9 of Article XII of this Act, the court
may set off the homestead
and order the sale of the balance of the premises, or, if the value of
the premises exceeds the exemption, and the premises cannot be divided, the court
may order the sale of the whole and the payment of the amount of the
exemption to the person entitled thereto.
(Source: P.A. 83-707.)
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735 ILCS 5/12-909
(735 ILCS 5/12-909)
(from Ch. 110, par. 12-909)
Sec. 12-909. Bid for less than exempted amount. No sale shall be made
of the premises on such judgment
unless a greater sum than $15,000 is bid therefor. If a
greater sum is not so bid, the judgment may be set aside or modified, or
the enforcement of the judgment released, as for lack of property.
(Source: P.A. 94-293, eff. 1-1-06.)
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735 ILCS 5/12-910
(735 ILCS 5/12-910)
(from Ch. 110, par. 12-910)
Sec. 12-910. Proceedings to enforce judgment. If in the opinion of the
judgment creditors, or the officer holding a certified copy of a judgment
for enforcement against such individuals, the premises claimed by him or her
as exempt are worth more than $15,000, such officer shall summon
3 individuals,
as commissioners, who shall, upon oath, to be administered
to them by the officer, appraise the premises, and if, in their opinion,
the property may be divided without damage to the interest of the
parties, they shall set off so much of the premises, including the dwelling
house, as in their opinion is worth $15,000, and the
residue of the premises may be advertised and sold by such officer. Each
commissioner shall receive for his or her services the sum of $5 per day
for each day necessarily engaged in such service. The officer summoning such
commissioners shall receive such fees as may be allowed for serving
summons, but shall be entitled to charge mileage for only the actual
distance traveled from the premises to be appraised, to the residence of
the commissioners summoned. The officer shall not be required
to summon commissioners until the judgment creditor, or some one for him
or her, shall advance to the officer one day's fees for the commissioners,
and unless the creditor shall advance such fees the officer shall not be
required to enforce the judgment. The costs of such appraisement shall not
be taxed against the judgment debtor unless such appraisement
shows that the judgment debtor has property subject to such judgment.
(Source: P.A. 94-293, eff. 1-1-06.)
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735 ILCS 5/12-911
(735 ILCS 5/12-911)
(from Ch. 110, par. 12-911)
Sec. 12-911. Notice to judgment debtor. In case the value of the premises
is, in the opinion of the commissioners, more than $15,000, and
cannot be
divided as is provided for in Section 12-910 of this Act, they shall make
and sign an appraisal of the value thereof, and deliver the same to the
officer, who shall deliver a copy thereof to the judgment debtor, or to
some one of the family of the age of 13 years or upwards, with a
notice thereto attached that
unless the judgment debtor pays to such officer the surplus over and above
$15,000 on the amount due on the judgment within 60 days
thereafter, such
premises will be sold.
(Source: P.A. 94-293, eff. 1-1-06.)
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735 ILCS 5/12-912
(735 ILCS 5/12-912)
(from Ch. 110, par. 12-912)
Sec. 12-912. Sale of premises - Distribution of proceeds. In case of such
surplus, or the amount due on the judgment is
not paid within the 60 days, the officer may advertise and sell the premises,
and out of the proceeds of such sale pay to such judgment debtor the sum
of $15,000, and apply the balance on the judgment.
(Source: P.A. 94-293, eff. 1-1-06.)
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735 ILCS 5/Art. XII Pt. 10
(735 ILCS 5/Art. XII Pt. 10 heading)
Part 10.
Exemption of Personal Property
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735 ILCS 5/12-1001
(735 ILCS 5/12-1001)
(from Ch. 110, par. 12-1001)
Sec. 12-1001. Personal property exempt. The following personal property,
owned by the debtor, is exempt from judgment, attachment, or distress for rent:
(a) The necessary wearing apparel, bible, school | | books, and family pictures of the debtor and the debtor's dependents;
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(b) The debtor's equity interest, not to exceed
| | $4,000 in value, in any other property;
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(c) The debtor's interest, not to exceed $2,400 in
| | value, in any one motor vehicle;
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(d) The debtor's equity interest, not to exceed
| | $1,500 in value, in any implements, professional books, or tools of the trade of the debtor;
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(e) Professionally prescribed health aids for the
| | debtor or a dependent of the debtor;
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(f) All proceeds payable because of the death of the
| | insured and the aggregate net cash value of any or all life insurance and endowment policies and annuity contracts payable to a wife or husband of the insured, or to a child, parent, or other person dependent upon the insured, or to a revocable or irrevocable trust which names the wife or husband of the insured or which names a child, parent, or other person dependent upon the insured as the primary beneficiary of the trust, whether the power to change the beneficiary is reserved to the insured or not and whether the insured or the insured's estate is a contingent beneficiary or not;
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(g) The debtor's right to receive:
(1) a social security benefit, unemployment
| | compensation, or public assistance benefit;
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(2) a veteran's benefit;
(3) a disability, illness, or unemployment
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(4) alimony, support, or separate maintenance, to
| | the extent reasonably necessary for the support of the debtor and any dependent of the debtor.
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(h) The debtor's right to receive, or property that
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(1) an award under a crime victim's reparation
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(2) a payment on account of the wrongful death of
| | an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor;
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(3) a payment under a life insurance contract
| | that insured the life of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor or a dependent of the debtor;
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(4) a payment, not to exceed $15,000 in value, on
| | account of personal bodily injury of the debtor or an individual of whom the debtor was a dependent; and
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(5) any restitution payments made to persons
| | pursuant to the federal Civil Liberties Act of 1988 and the Aleutian and Pribilof Island Restitution Act, P.L. 100-383.
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For purposes of this subsection (h), a debtor's right
| | to receive an award or payment shall be exempt for a maximum of 2 years after the debtor's right to receive the award or payment accrues; property traceable to an award or payment shall be exempt for a maximum of 5 years after the award or payment accrues; and an award or payment and property traceable to an award or payment shall be exempt only to the extent of the amount of the award or payment, without interest or appreciation from the date of the award or payment.
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(i) The debtor's right to receive an award under Part
| | 20 of Article II of this Code relating to crime victims' awards.
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(j) Moneys held in an account invested in the
| | Illinois College Savings Pool of which the debtor is a participant or donor and funds invested in an ABLE Account as defined by Section 529 of the Internal Revenue Code, except the following non-exempt contributions:
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| (1) any contribution to such account by the
| | debtor as participant or donor that is made with the actual intent to hinder, delay, or defraud any creditor of the debtor;
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| (2) any contributions to such account by the
| | debtor as participant during the 365 day period prior to the date of filing of the debtor's petition for bankruptcy that, in the aggregate during such period, exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of contribution; or
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| (3) any contributions to such account by the
| | debtor as participant during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtor's petition for bankruptcy that, in the aggregate during such period, exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of contribution.
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| For purposes of this subsection (j), "account"
| | includes all accounts for a particular designated beneficiary, of which the debtor is a participant or donor.
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| Money due the debtor from the sale of any personal property that was
exempt from judgment, attachment, or distress for rent at the
time of the sale is exempt from attachment and garnishment to the same
extent that the property would be exempt had the same not been sold by
the debtor.
If a debtor owns property exempt under this Section and he or she purchased
that property with the intent of converting nonexempt property into exempt
property or in fraud of his or her creditors, that property shall not be
exempt from judgment, attachment, or distress for rent. Property acquired
within 6 months of the filing of the petition for bankruptcy shall be presumed
to have been acquired in contemplation of bankruptcy.
The personal property exemptions set forth in this Section shall apply
only to individuals and only to personal property that is used for personal
rather than business purposes. The personal property exemptions set forth
in this Section shall not apply to or be allowed
against any money, salary, or wages due or to become due to the debtor that
are required to be withheld in a wage
deduction proceeding under Part 8 of this
Article XII.
(Source: P.A. 100-922, eff. 1-1-19 .)
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735 ILCS 5/12-1002
(735 ILCS 5/12-1002) (from Ch. 110, par. 12-1002)
Sec. 12-1002.
Schedule of property.
It shall not be necessary for the
debtor against whom a judgment or attachment was entered or distress warrant
was issued to
make a schedule of his or her personal property to enable him or her
to secure the
exemption and to retain the property enumerated in paragraph (b) of
Section 12-1001 of this Act, but whenever any debtor against whom a judgment
or attachment was entered or distress warrant was issued,
desires to avail himself or herself of the benefit of this Act to make a
selection
of certain household furniture (in case such property is worth more than
the amount he or she is entitled to retain) or to select other personal
property instead of household furniture or to select part household
furniture and part other personal property he or she shall, within 10 days
after a copy of the judgment, attachment or distress warrant is served upon
him or her in the same manner as summonses are served in other civil cases,
such copies of the judgment,
attachment or distress warrant to
have endorsed thereon a notice signed by the officer having such document,
notifying the debtor that he or she must file a schedule of his or her property within
10 days from the service thereof in order to claim his or her exemption under
Part 10 of Article XII of this Act, whereupon the debtor shall make a schedule
of all his or her personal
property of every kind and character, including money on hand and debts
due and owing to the debtor and shall deliver the same to the officer
having the certified copy of the judgment, attachment or distress warrant, or file
the same in the court which entered the document, which schedule shall be
subscribed and sworn to by the debtor, and any property owned by the
debtor, and not included in such schedule shall not be exempt, and thereupon
the court which entered
the judgment or attachment or issued the distress warrant shall summon 3
householders,
who, after being duly sworn to fairly and impartially appraise the
property of the debtor, shall fix a fair valuation upon each article
contained in such schedule, and the debtor shall then select from such
schedule the articles he or she may desire to retain, the aggregate
value of which shall not exceed the amount exempted, to which he or she
may be entitled, and deliver the remainder to the officer having the document;
and the officer having such document is authorized to
administer the oaths required herein of the debtor and appraisers. In
case no schedule is filed, it shall be the duty of the officer
to exempt and disregard the articles enumerated in paragraphs (a), (e),
(f), (g) and (h) of
Section 12-1001 of this Act and the personal property
if it is worth not more than the
amount the debtor is entitled to have exempted under paragraphs (b), (c)
and (d) of
Section 12-1001 of this Act and if the personal property is worth more
than the amount
of the exemption to which the debtor is entitled, the court
which entered the judgment or the attachment order or the distress warrant issued
shall secure a fair and impartial appraisal of the personal property
in the same manner as all the personal property is appraised when a
schedule is filed, and after such valuation, such officer shall
select and exempt personal property to the amount
to which the debtor
is entitled to retain. When the judgment debtor has presented a sufficient
schedule of all his or her personal estate, the return of such judgment
unsatisfied, shall
not render it necessary for such judgment debtor, for the purpose of
availing himself or herself of the benefits of the exemption laws of this state, to
present an additional schedule unless additional property has been
acquired, before 90 days from the date of the issuance of the certified
copy of the judgment.
(Source: P.A. 83-968.)
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735 ILCS 5/12-1003
(735 ILCS 5/12-1003) (from Ch. 110, par. 12-1003)
Sec. 12-1003.
When family entitled to exemptions.
When the head of
a family dies, deserts or does not reside
with the same, the family shall be entitled to and receive all the
benefit and privileges which are by Part 10 of Article XII of this Act conferred
upon the head of
a family residing with the same.
(Source: P.A. 82-280.)
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735 ILCS 5/12-1004
(735 ILCS 5/12-1004) (from Ch. 110, par. 12-1004)
Sec. 12-1004.
Judgment for wages.
No personal property shall be exempt
from levy of attachment
or judgment if the debt or judgment is for the wages of any laborer
or employee, providing the court entering judgment finds that the
claim sued for is for wages due such person as laborer or employee,
which finding shall be expressly stated in the judgment.
(Source: P.A. 83-1362.)
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735 ILCS 5/12-1005
(735 ILCS 5/12-1005) (from Ch. 110, par. 12-1005)
Sec. 12-1005.
Liability for seizing exempt property.
If any officer by
virtue of any judgment or process,
or any other person by any right of distress takes or seizes any of
the articles of property exempted from levy and sale, as provided in Part
10 of Article XII of this Act,
such officer or person shall be liable in a civil action to the party damaged for double
the value of the property so illegally taken or seized
and costs of the action.
(Source: P.A. 83-707.)
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735 ILCS 5/12-1006
(735 ILCS 5/12-1006) (from Ch. 110, par. 12-1006)
Sec. 12-1006.
Exemption for retirement plans.
(a) A debtor's interest in or right, whether vested or not, to the
assets held in or to receive pensions, annuities, benefits, distributions,
refunds of contributions, or other payments under a retirement plan is
exempt from judgment, attachment, execution, distress for rent, and seizure
for the satisfaction of debts if the plan (i) is intended in good faith to
qualify as a retirement plan under applicable provisions of the Internal
Revenue Code of 1986, as now or hereafter amended, or (ii) is a public
employee pension plan created under the Illinois Pension Code, as now or
hereafter amended.
(b) "Retirement plan" includes the following:
(1) a stock bonus, pension, profit sharing, annuity, | | or similar plan or arrangement, including a retirement plan for self-employed individuals or a simplified employee pension plan;
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(2) a government or church retirement plan or
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(3) an individual retirement annuity or individual
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(4) a public employee pension plan created under the
| | Illinois Pension Code, as now or hereafter amended.
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(c) A retirement plan that is (i) intended in good faith to qualify as a
retirement plan under the applicable provisions of the Internal Revenue
Code of 1986, as now or hereafter amended, or (ii) a public employee
pension plan created under the Illinois Pension Code, as now or hereafter
amended, is conclusively presumed to be a spendthrift trust under the law
of Illinois.
(d) This Section applies to interests in retirement plans held by
debtors subject to bankruptcy, judicial, administrative or other
proceedings pending on or filed after August 30, 1989.
(Source: P.A. 86-393; 86-1329.)
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735 ILCS 5/Art. XII Pt. 11
(735 ILCS 5/Art. XII Pt. 11 heading)
Part 11.
Garnishment in Violation of Exemption
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735 ILCS 5/12-1101
(735 ILCS 5/12-1101) (from Ch. 110, par. 12-1101)
Sec. 12-1101.
Sending claim out of State.
Whoever, whether principal,
agent or attorney, with intent thereby to deprive any bona fide resident
of the State of Illinois of his or her rights, under the statutes of
Illinois on the subject of the exemption of property from levy and sale
on a judgment, or in attachment or garnishment, sends, or causes to be
sent out of the State of Illinois any claim for a debt to be collected by
proceedings in attachment, garnishment, or other process, when the
creditor, debtor or person, or corporation owing for the earnings
intended to be reached by such proceedings in attachment are each and
all within the jurisdiction of the courts of the State of Illinois,
shall be guilty of a petty offense and fined for each and every claim so
sent in any sum not less than $10 nor more than $50.
(Source: P.A. 82-280.)
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735 ILCS 5/12-1102
(735 ILCS 5/12-1102) (from Ch. 110, par. 12-1102)
Sec. 12-1102.
Assignment or transfer of claim.
Whoever, either directly
or indirectly, assigns or transfers
any claim for a debt against a citizen of Illinois, for the purpose of
having the same collected by proceedings in attachment, garnishment, or
other process, out of the wages or personal earnings of the debtor, in
courts outside of the State of Illinois, when the creditor, debtor,
person or corporation owing the money intended to be reached by the
proceedings in attachment are each and all within the jurisdiction of
the courts of the State of Illinois, is guilty of a petty offense.
(Source: P.A. 82-280.)
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735 ILCS 5/Art. XII Pt. 12
(735 ILCS 5/Art. XII Pt. 12 heading)
Part 12.
Exemption in Bankruptcy
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735 ILCS 5/12-1201
(735 ILCS 5/12-1201) (from Ch. 110, par. 12-1201)
Sec. 12-1201.
Bankruptcy exemption.
In accordance with the provision
of Section 522(b) of
the Bankruptcy Code of 1978, (11 U.S.C. 522(b)), residents of this State
shall be prohibited from using the federal exemptions provided in Section
522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)), except as may
otherwise be permitted under the laws of Illinois.
(Source: P.A. 82-280.)
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735 ILCS 5/Art. XII Pt. 14
(735 ILCS 5/Art. XII Pt. 14 heading)
Part 14.
Orders to Take into Custody
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735 ILCS 5/12-1401
(735 ILCS 5/12-1401) (from Ch. 110, par. 12-1401)
Sec. 12-1401.
Orders to Take Into Custody.
In any civil case where
an order issues to take any person into custody for any reason, the order shall
contain, if known, the name, date of birth, sex, physical description, and last
known address of the person to be taken into custody. It shall also contain a
statement of the reason the person is to be taken into custody and the
date of issuance. However, nothing herein shall impose a duty upon the court
to discern or seek out any of the information relating to the date of birth,
sex, physical description, or last known address of the person to be taken
into custody which is not provided by a litigant. Moreover, no order is
invalid by reason of its failure to contain any of the information
specified herein except as otherwise required by law.
(Source: P.A. 84-942.)
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735 ILCS 5/Art. XIII
(735 ILCS 5/Art. XIII heading)
ARTICLE XIII
LIMITATIONS
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735 ILCS 5/Art. XIII Pt. 1
(735 ILCS 5/Art. XIII Pt. 1 heading)
Part 1.
Real Actions
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735 ILCS 5/13-101
(735 ILCS 5/13-101) (from Ch. 110, par. 13-101)
Sec. 13-101.
Twenty years - Recovery of land.
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
acquired title or possession of the premises, except as
provided in Sections 13-102 through 13-122 of this Act.
(Source: P.A. 82-280.)
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735 ILCS 5/13-102
(735 ILCS 5/13-102) (from Ch. 110, par. 13-102)
Sec. 13-102.
Breach of condition subsequent.
No person shall commence
an action for the recovery of
lands, nor make an entry thereon, by reason of the breach of a condition
subsequent, unless within 7 years after the time that condition is
first broken. Continuing, successive or recurring breaches
shall not extend the time for commencing the action or making the entry.
Possession shall be deemed to be adverse and hostile from and after the
first breach of a condition subsequent, notwithstanding the occurrence
of successive or recurrent breaches.
(Source: P.A. 82-280.)
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735 ILCS 5/13-103
(735 ILCS 5/13-103) (from Ch. 110, par. 13-103)
Sec. 13-103.
Termination of estate upon limitation.
No person shall
commence an action for the recovery of
lands, nor make an entry thereon, by reason of the termination of an
estate upon limitation or of an estate upon conditional limitation,
unless within 7 years after the termination.
(Source: P.A. 82-280.)
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735 ILCS 5/13-104
(735 ILCS 5/13-104) (from Ch. 110, par. 13-104)
Sec. 13-104.
Under mortgage or lease.
Nothing in Sections 13-102 and
13-103 of this Act affects the time for the
enforcement of any right under or by virtue of a mortgage or lease.
(Source: P.A. 82-280.)
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735 ILCS 5/13-105
(735 ILCS 5/13-105) (from Ch. 110, par. 13-105)
Sec. 13-105.
Twenty years - Computation.
If such right or title first
accrued to an ancestor or
predecessor of the person who brings the action or makes the entry, or
to any person from, by, or under whom he or she claims, the 20 years shall
be computed from the time when the right or title so first accrued.
(Source: P.A. 82-280.)
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735 ILCS 5/13-106
(735 ILCS 5/13-106) (from Ch. 110, par. 13-106)
Sec. 13-106.
Accrual of right of entry or to bring action.
The right
to make an entry or bring an action to recover land
shall be deemed to have first accrued at the times respectively
hereinafter provided:
(a) When any person is wrongfully ousted from possession, his or her
right of entry or of action shall be deemed to have accrued at the time
of such wrongful ouster.
(b) When he or she claims as heir or legatee of an owner in possession
who died, his or her right shall be deemed to have accrued at the time of such
death, unless there is an estate
intervening after the death of such ancestor or testator; in which case
his or her right shall be deemed to accrue when such intermediate estate
expires, or when it would have expired by its own limitations.
(c) When there is such an intermediate estate, and in all other
cases when the party claims by force of any remainder or reversion, his
or her right, so far as it is affected by the limitation herein prescribed,
shall be deemed to accrue when the intermediate or precedent estate
would have expired by its own limitation, notwithstanding any forfeiture
thereof for which he or she might have entered at an earlier time.
(d) Paragraph (c) of this Section shall not prevent a person from entering
when entitled to do so by reason of any forfeiture or breach of
condition; but if he or she claims under such a title, his or her right shall be
deemed to have accrued when the forfeiture was incurred or the condition
was broken.
(e) In all cases not otherwise specially provided for, the right
shall be deemed to have accrued when the claimant, or the person under
whom he or she claims, first became entitled to the possession of the premises
under the title upon which the entry or the action is founded.
(Source: P.A. 84-549.)
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735 ILCS 5/13-107
(735 ILCS 5/13-107) (from Ch. 110, par. 13-107)
Sec. 13-107. Seven years with possession and record title. Except as provided in Section 13-107.1, actions brought
for the recovery of any lands, tenements or
hereditaments of which any person may be possessed by actual residence
thereon for 7 successive years, having a connected title, deductible of
record, from this State or the United States, or from any public officer
or other person authorized by the laws of this State to sell such land
for the non-payment of taxes, or from any sheriff, marshal, or other
person authorized to sell such land for the enforcement of a judgment or
under any order or
judgment of any court shall be brought within 7 years next after
possession is taken, but when the possessor
acquires such title after taking such possession, the limitation shall
begin to run from the time of acquiring title.
(Source: P.A. 100-1048, eff. 8-23-18.)
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735 ILCS 5/13-107.1 (735 ILCS 5/13-107.1) Sec. 13-107.1. Two years with possession and record title derived from a judicial foreclosure sale. (a) Actions brought for the recovery of any lands, tenements, or hereditaments of which any person may be possessed for 2 successive years, having a connected title, deductible of record, as a purchaser at a judicial foreclosure sale, other than a mortgagee, who takes possession pursuant to a court order under the Illinois Mortgage Foreclosure Law, or a purchaser who acquires title from a mortgagee or a purchaser at a judicial foreclosure sale who received title and took possession pursuant to a court order, shall be brought within 2 years after possession is taken. When the purchaser acquires title and has taken possession, the limitation shall begin to run from the date a mortgagee or a purchaser at a judicial foreclosure sale takes possession pursuant to a court order under the Illinois Mortgage Foreclosure Law or Article IX of this Code. The vacation or modification, pursuant to the provisions of Section 2-1401, of an order or judgment entered in the judicial foreclosure does not affect the limitation in this Section. (b) This Section applies to actions filed on or after 180 days after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-1048, eff. 8-23-18.) |
735 ILCS 5/13-108
(735 ILCS 5/13-108) (from Ch. 110, par. 13-108)
Sec. 13-108.
Right extended to heirs.
The heirs, legatees and assigns of
the person having such
title and possession, shall have the same benefit of the preceding
Section as the person from whom the possession is derived.
(Source: P.A. 82-280.)
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735 ILCS 5/13-109
(735 ILCS 5/13-109) (from Ch. 110, par. 13-109)
Sec. 13-109. Payment of taxes with color of title. Except as provided in Section 13-109.1, 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 or
tenements, to the extent and according to the purport of his or her paper
title. All persons holding under such possession, by purchase, legacy or
descent, before such 7 years have expired, and who continue such possession,
and continue to pay the taxes as above set forth so as to complete the
possession and payment of taxes for the term above set forth, are entitled to
the benefit of this Section.
(Source: P.A. 100-1048, eff. 8-23-18.)
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735 ILCS 5/13-109.1 (735 ILCS 5/13-109.1) Sec. 13-109.1. Payment of taxes with color of title derived from judicial foreclosure. Every person in the actual possession of lands or tenements, under claim and color of title, as a purchaser at a judicial foreclosure sale, other than a mortgagee, who takes possession pursuant to a court order under the Illinois Mortgage Foreclosure Law, or a purchaser who acquires title from a mortgagee or a purchaser at a judicial foreclosure sale who received title and took possession pursuant to such a court order, and who for 2 successive years continues in possession, and also, during such time, pays all taxes legally assessed on the lands or tenements, shall be held and adjudged to be the legal owner of the lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, legacy, or descent, before such 2 years have expired, and who continue possession, and continue to pay the taxes as above set forth so as to complete the possession and payment of taxes for the term above set forth, are entitled to the benefit of this Section. The vacation or modification, pursuant to the provisions of Section 2-1401, of an order or judgment entered in the judicial foreclosure does not affect the limitation in this Section. This Section applies to actions filed on or after 180 days after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-1048, eff. 8-23-18.) |
735 ILCS 5/13-110
(735 ILCS 5/13-110) (from Ch. 110, par. 13-110)
Sec. 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. All
persons holding under such taxpayer, by purchase, legacy or descent,
before such 7 years expired, and who continue to
pay the taxes, as above set out, so as to complete the payment of taxes for
the term, are entitled to the benefit of this Section.
However, if any person, having a better paper title to such
vacant and unoccupied land, during the term of 7 years,
pays the taxes assessed on such land for any one or more years of the
term of 7 years, then such taxpayer, his or her heirs, legatees or assigns,
shall not be entitled to the benefit of this Section.
(Source: P.A. 98-756, eff. 7-16-14.)
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735 ILCS 5/13-111
(735 ILCS 5/13-111) (from Ch. 110, par. 13-111)
Sec. 13-111.
State and United States.
Sections 13-109 and 13-110
of this Act shall not extend to lands or
tenements owned by the United States or of this State, nor to school and
seminary lands, nor to lands held for the use of religious societies,
nor to lands held for any public purpose. Nor shall they extend to lands
or tenements when there is an adverse title to such lands or
tenements, and the holder of such adverse title is a minor, person under
legal disability,
imprisoned, out of the limits of the United States, and in
the employment of the United States or of this State. Such
person shall commence an action to recover such lands or tenements so
possessed, as above set out, within 3 years after the several
disabilities herein enumerated cease to exist, and shall prosecute
such action to judgment, or in case of vacant and unoccupied land,
shall, within the time last set out, pay to the person or persons who
have paid the same, all the taxes, with interest thereon, at the rate of
12% per annum, that have been paid on such vacant and
unimproved land.
The exceptions provided in this Section shall not apply to the provisions of
Sections 13-118 through 13-121 of this Act.
(Source: P.A. 82-280.)
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735 ILCS 5/13-112
(735 ILCS 5/13-112) (from Ch. 110, par. 13-112)
Sec. 13-112.
Minors and persons under legal disability.
If, at the time
when such right of entry or of action upon or
for lands first accrues, the person entitled to such entry or action is
a minor, or person under legal disability, imprisoned or absent from the United
States in the service of the United States or of this State, such person
or any one claiming from, by or under him or her, may make the entry or
bring the action at any time within 2 years after such disability is
removed, notwithstanding the time before limited in that behalf has
expired.
The exceptions provided in this Section shall not apply to the provisions of
Sections 13-118 through 13-121 of this Act.
(Source: P.A. 82-280.)
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735 ILCS 5/13-113
(735 ILCS 5/13-113) (from Ch. 110, par. 13-113)
Sec. 13-113.
Extension to heirs.
If the person first
entitled to make entry or bring such
action dies during the continuance of any of the disabilities mentioned
in Section 13-112 of this Act, and no determination or judgment has been had
of or upon the title, right or action which accrued to him or her, the entry
may be made or the action brought by his or her heirs or any person claiming
from, by or under him or her at any time within 2 years after his or her death,
notwithstanding the time before limited in that behalf has expired.
The exceptions provided in this Section shall not apply to the provisions
of Sections 13-118 through 13-121 of this Act.
(Source: P.A. 90-655, eff. 7-30-98.)
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735 ILCS 5/13-114
(735 ILCS 5/13-114) (from Ch. 110, par. 13-114)
Sec. 13-114. Seventy-five year limitation. No deed, will, estate, proof
of heirship, plat, affidavit
or other instrument or document, or any court proceeding, order or
judgment, or any agreement, written or unwritten, sealed or unsealed, or
any fact, event, or statement, or any part or copy of any of the
foregoing, relating to or affecting the title to real estate in the
State of Illinois, which happened, was administered, or was executed,
dated, delivered, recorded or entered into more than 75 years prior to
July 1, 1872, or such subsequent date as the same is
offered, presented, urged, claimed, asserted, or appears against any
person hereafter becoming interested in the title to any real estate, or
to any agent or attorney thereof, shall adversely to the party or
parties hereafter coming into possession of such real estate under claim
or color of title or persons claiming under him, her or them, constitute
notice, either actual or constructive of any right, title, interest
or claim in and to such real estate, or any part thereof, or be,
or be considered to be evidence or admissible in evidence or be held or
urged to make any title unmarketable in part or in whole, or be required
or allowed to be alleged or proved as a basis for any action, or any
statutory proceeding affecting directly or indirectly the title to such
real estate.
The limitation of this Section, however, shall be deferred from and
after the expiration of such 75 year period for an additional period of
10 years, if a claim in writing in and to real estate therein
particularly described, incorporating the terms or substance of any such
deed, will, estate, proof of heirship, plat, affidavit, or other
instrument or document, or any court proceeding, order or judgment or
any agreement, written or unwritten, sealed or unsealed, or any fact,
event or statement, or any part or copy thereof in such claim, is filed
in the office of the recorder in the county or counties in
which such real estate is located:
1. within 3 years prior to the expiration of such 75 year period;
or
2. after the expiration of such 75 year period, by a minor or
a claimant under a legal disability who became under such disability during such 75
year period and within 2 years after the disability of such minor or
of the claimant a under legal disability has been removed; or
3. after the expiration of such 75 year period, by a guardian of a
minor or person who was determined by a court to be under a legal disability
during such 75 year period and within 2 years after such guardian
has been appointed for such minor or person under a legal disability.
The provisions of this Section shall not apply to or operate against
the United States of America or the State of Illinois or any other state
of the United States of America; or as to real estate held for a public
purpose by any municipality or other political subdivision of the State
of Illinois; or against any person under whom the party or parties in
possession during the period herein permitted for reassertion of title
claim by lease or other privity of contract; or against any person
who during the entire period herein permitted for reassertion of title,
or prior thereto, has not had the right to sue for and protect
his or her claim, interest or title.
(Source: P.A. 99-143, eff. 7-27-15.)
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735 ILCS 5/13-115
(735 ILCS 5/13-115) (from Ch. 110, par. 13-115)
Sec. 13-115.
Foreclosure of mortgage.
No person shall commence an action
or make a sale to
foreclose any mortgage or deed of trust in the nature of a mortgage,
unless within 10 years after the right of action or right to make such
sale accrues.
(Source: P.A. 82-280.)
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735 ILCS 5/13-116
(735 ILCS 5/13-116) (from Ch. 110, par. 13-116)
Sec. 13-116.
Lien of mortgage, trust or vendor's lien.
(a) The lien of
every mortgage, trust deed in the nature of
a mortgage, and vendor's lien, the due date of which is stated upon the
face, or ascertainable from the written terms thereof, filed for record
either before or after July 16, 1941, which has not ceased by limitation
before July 16, 1941, shall cease by limitation after the expiration of
20 years from the time the last payment on such mortgage, trust deed in
the nature of a mortgage, or vendor's lien became or becomes due upon
its face and according to its written terms, unless the owner of such
mortgage or vendor's lien, or the owner or trustee of such trust deed in
the nature of a mortgage either
(1) Before July 16, 1941, and within such 20 year period has filed
or caused to be filed for record an extension agreement showing the time
for which the payment of the indebtedness is extended, and the amount
remaining unpaid on such indebtedness; or
(2) After July 16, 1941, and within such 20 year period or within
one year after July 21, 1947, provided the due date of the instrument
was more than 19 years before July 21, 1947, files or causes to be filed
for record, either (i) an affidavit executed by himself or herself
or by some
person on his or her behalf, stating the amount or amounts claimed to be unpaid
on the indebtedness secured by such mortgage, trust deed in the nature
of a mortgage, or vendor's lien; or (ii) an extension agreement executed
as hereinafter provided.
(b) The lien of every mortgage, trust deed in the nature of a
mortgage, and vendor's lien, in which no due date is stated upon the
face, or is ascertainable from the written terms thereof, shall cease by
limitation after the expiration of 30 years from the date of the
instrument creating the lien, unless the owner of such mortgage or
vendor's lien, or the owner or trustee of such trust deed in the nature
of a mortgage, within such 30 year period or within one year after July
21, 1947, provided the date of the instrument was more than 29 years
before July 21, 1947, files or causes to be filed for record either (1)
an affidavit executed by himself or herself or by some person on his or her behalf,
stating the amount or amounts claimed to be unpaid on the indebtedness
secured by such mortgage, trust deed in the nature of a mortgage, or
vendor's lien; or (2) an extension agreement executed as hereinafter
provided.
The filing for record of an affidavit provided for by this Section,
within such 20 or 30 year period or one year period, as the case may be,
shall extend the lien for a period of 10 years after the date on which
such lien would cease if neither an affidavit nor extension agreement
were filed, and no more, and a subsequent affidavit filed within the
last 10 year period of the lien, as extended, shall extend the lien for
an additional 10 year period, and no more, but successive affidavits may
be filed, each extending the lien 10 years.
The filing for record of an extension agreement within such 20 or 30
year period or one year period, as the case may be, whether before or
after July 16, 1941, shall extend the lien for 10 years from the date
the final payment becomes due under such extension agreement, and no
more, but subsequent extension agreements filed before the lien, as
extended, ceases, shall extend the lien for an additional 10 year period
from the date the final payment becomes due under such extension
agreement, and no more. The filing of an extension agreement shall not
be construed in any way to cause the lien to cease before it would cease
if neither an extension agreement nor an affidavit were filed.
Affidavits may be followed by extension agreements, and extension
agreements may be followed by affidavits.
An extension agreement executed after July 16, 1941, to be effective
for the purpose of continuing the lien of any mortgage, trust deed in
the nature of a mortgage, or vendor's lien shall show the time for which
the payment of the indebtedness secured thereby is extended and the
amount remaining unpaid on such indebtedness, and shall be executed and
acknowledged by the owner of the mortgage, trust deed in the nature of a
mortgage, or vendor's lien, or someone on his or her behalf, and by one or more
persons representing himself, herself or themselves to be the then owners of
the
real estate. The affidavit or extension agreement shall be effective
only as to the lands within the county or counties wherein such
affidavit or extension agreement, or a copy thereof, is filed for
record.
When a corporation is the owner or trustee of any such mortgage,
trust deed in the nature of a mortgage, or vendor's lien, the affidavit
herein described shall be deemed effective for all purposes under this
Section when it has been executed by any officer of such corporation, or
by any person authorized by the corporation to execute such affidavit.
The Section shall apply to mortgages, trust deeds in the nature of
mortgages, and vendor's liens on both registered and unregistered lands.
"Filed for record" or "the filing for record" as used in Article XIII
of this Act means
filing in the office of the recorder in the county in which the
lands are situated, if such lands are unregistered, or in the office of
the registrar of titles for such county, if such lands are registered.
Nothing herein contained shall be construed to revive the lien of any
such instrument which has expired by limitation before July 16, 1941.
(Source: P.A. 83-1362.)
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735 ILCS 5/13-117
(735 ILCS 5/13-117) (from Ch. 110, par. 13-117)
Sec. 13-117.
Limitation on mortgage.
The lien of every mortgage or trust
deed in the nature
of a mortgage of record on July 1, 1915, where more than 20 years have
elapsed from the time the indebtedness secured thereby is due according
to its written terms, or according to any extension agreement on record
on July 1, 1915, is declared to have ceased by limitation unless the
holder of the indebtedness secured thereby and the then owner of the
real estate within 5 years after July 1, 1915, files in the office of the
recorder where the mortgage or trust deed in the nature of a mortgage is
recorded, an extension agreement showing the time for which the payment
of the indebtedness is extended, the time when the indebtedness will
become due by the terms of the extension agreement and the amount
remaining unpaid on the indebtedness, then the mortgage or trust deed in
the nature of a mortgage shall continue to be a lien upon the real estate
described therein for a period of 10 years from the time the
indebtedness will be due as shown by the extension agreement and no
longer, unless some further extension agreement is filed of record. Such
extension agreements shall be acknowledged and recorded in the same
manner as mortgages and trust deeds in the nature of a mortgage are
required by law to be acknowledged and recorded.
(Source: P.A. 82-280.)
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735 ILCS 5/13-118
(735 ILCS 5/13-118) (from Ch. 110, par. 13-118)
Sec. 13-118.
Forty year limitation on claims to real estate.
No action
based upon any claim arising or existing more than 40 years before the
commencement of such action shall be maintained in any court to recover
any real estate in this State or to recover or establish any interest
therein or claim thereto, against the holder of the record title to such
real estate when such holder of the record title and his or her grantors
immediate or remote are shown by the record to have held chain of title
to such real estate for at least 40 years before the action is
commenced, unless such claimant, by himself or herself, or by his or her attorney or
agent, or if he or she is a minor or under legal disability, by his or her guardian,
trustee, either parent, or any other person acting in his or her
behalf shall within 40 years after the claim upon which such action is
based arises, file in the office of the recorder of the county
wherein such real estate is situated, a verified statement definitely
describing the real estate involved, the nature and extent of the right
or interest claimed, and stating the facts upon which the same is based.
However, the holder of the record title to such real estate shall not be
entitled to the protection of Sections 13-118 through 13-121 of this Act
if the real estate is in the
adverse possession of another.
For purposes of this Section an unborn or unascertained person may be
a claimant and a verified statement may be filed on his or her behalf as
provided in this Section.
For the purposes of Sections 13-118 through 13-121 of this Act, any person
who holds title to real
estate by will or descent from any person who held the title of record
to such real estate at the date of his or her death or who holds title by
judgment or order of any court, or by deed issued pursuant thereto, i.
e., by trustee's, trustee's in bankruptcy, conservator's, guardian's,
executor's, administrator's, receiver's, assignee's, master's in
chancery, or sheriff's deed shall be deemed to hold chain of title the
same as though holding by direct conveyance.
(Source: P.A. 83-358.)
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735 ILCS 5/13-119
(735 ILCS 5/13-119) (from Ch. 110, par. 13-119)
Sec. 13-119.
Claim index.
All claims filed in the office of the recorder as provided
in Section 13-118 of this Act shall be recorded and indexed in the manner
provided by law. In counties where the recorder is not
required to keep a tract index, he or she shall index such claims in an index
labelled "Claimant's Book". Such book shall be indexed under the name of
the person filing the claim and under the name of the person against
whom the claim is filed, if such person is named in the claim, followed
in each instance by the document number of such claim (or the book and
page wherein the same is recorded) and a description of the real estate
involved.
(Source: P.A. 83-358.)
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735 ILCS 5/13-120
(735 ILCS 5/13-120) (from Ch. 110, par. 13-120)
Sec. 13-120.
Limitation on sections.
Sections 13-118 through 13-121 of this Act shall not be applied:
1. to bar any lessor or his or her successor as reversioner of his or
her right to possession on the expiration of any lease or any lessee or his or
her
successor of his or her rights in and to any lease; or
2. to bar or extinguish any interest created or held for any public
utility purpose; or
3. to bar or extinguish any easement or interest in the nature of
an easement, or any rights granted, reserved or excepted by any
instrument creating such easement or interest, the existence of which
such easement or interest either is apparent from or can be proved by
physical evidences of its use, whether or not such physical evidences of
its use are visible from the surface; or
4. to bar or extinguish any separate mineral estate or any rights,
immunities and interests appurtenant or relating thereto; or
5. to bar any interest of a mortgagee or interest in the nature of
that of a mortgagee where the due date of the mortgage is stated on the
face, or ascertainable from the written terms thereof and is not barred
by Section 13-116 of this Act.
6. to validate any encroachment on any street, highway or public
waters.
Nothing contained in Sections 13-118 through 13-121 of this Act shall be
construed to extend the period
for the beginning of any action or the doing of any other required act
under any statutes of limitation nor to affect the operation of any
statutes or case law governing the recording or the failure to record
any instruments affecting land.
No statement recorded or action filed pursuant to the provisions of Sections
13-118 through 13-121 of
this Act shall affect real estate registered under "An Act concerning
land titles" approved May 1, 1897, as amended; and real estate
heretofore or hereafter registered under "An Act concerning land titles"
shall be subject to the terms thereof and all subsequent amendments
thereto.
Sections 13-118 through 13-121 of this Act shall not be deemed to affect
any right, title or interest
of the United States unless the Congress shall assent to its operation
in that behalf.
(Source: P.A. 82-280.)
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735 ILCS 5/13-121
(735 ILCS 5/13-121) (from Ch. 110, par. 13-121)
Sec. 13-121.
Construction.
Sections 13-118 through 13-121 of this
Act shall be liberally construed to effect the legislative
purpose of simplifying and facilitating land title transactions by
allowing persons to rely on a record chain of title as described in
Section 13-118 of this Act, subject to such limitations as appear in Section
13-120 of this Act. The claims extinguished by Sections 13-118 through 13-121
of this Act include any and all
interests of any nature whatsoever, however denominated, whether vested
or contingent, whether present or future, whether such claims are
asserted by a person sui juris or under disability or might be asserted
by a person not yet in being, whether such person be within or without
the State, and whether such person be natural or corporate, or private
or governmental.
Except as otherwise provided in Sections 13-118 through 13-121 of this
Act, the rule that the State of
Illinois is not bound by acts of limitations shall not apply to Sections
13-118 through 13-121 of this
Act, and these Sections shall serve to bar any right, title, interest or lien
in land which the State of Illinois or any department, commission or
political subdivision thereof would otherwise have.
(Source: P.A. 82-280.)
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735 ILCS 5/13-122
(735 ILCS 5/13-122) (from Ch. 110, par. 13-122)
Sec. 13-122.
Posting of notice that right of access is by permission
and subject to control of owner. No use of any land by any person or by
the public generally, no matter how long continued, shall ever ripen into
an easement by prescription, or be deemed to be an implied dedication, or
be deemed to give rise to any other right, customary or otherwise, to be
on, or to engage in activities on, such land, if the owner of such property
for a continuous period posts at each entrance to the property or at intervals
of not more than 200 feet along the boundary a sign reading substantially
as follows: "Right of access by permission, and subject to control of owner".
If the entrances or boundaries of the property sought to be protected are
paved, the sign referred to in this Section may be embedded in the pavement,
provided that the inscription is legible and in letters at least as large
as 24 point type.
The procedure provided in this Section does not constitute the exclusive
method of preventing the use of land from creating an easement by prescription,
an implied dedication or any other right to be on or to engage in activities
on the land, but is in addition to any other methods now or hereafter provided
by law. This Section shall not be applied retroactively to events which
took place before October 1, 1975.
(Source: P.A. 82-280.)
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735 ILCS 5/Art. XIII Pt. 2
(735 ILCS 5/Art. XIII Pt. 2 heading)
Part 2.
Personal Actions
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