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Illinois Compiled Statutes
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CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 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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