Illinois

Illinois Squatters Rights and Adverse Possession Laws (2026)

By Recording Law Editorial TeamPublished May 27, 20268 min read

Illinois sets the general adverse possession clock at 20 years under 735 ILCS 5/13-101, but reduces that period to 7 years when a claimant holds color of title and pays all property taxes under 735 ILCS 5/13-109 (vacant land) or 735 ILCS 5/13-110 (possessed land). Property owners must use the court-supervised eviction process under 735 ILCS 5/9 to remove squatters; self-help removal is prohibited.

Information last verified on May 27, 2026. This article provides general legal information, not legal advice.

Jurisdiction scope: This article covers Illinois state law only. For a comparison of squatter rules across the country, see the national squatters rights guide.

Adverse Possession in Illinois: The 20-Year and 7-Year Periods

Illinois codifies adverse possession primarily through Article XIII of the Code of Civil Procedure (735 ILCS 5/13). Three sections govern the limitation periods.

Illinois a wall calendar page with a date circled in red marker, resting on a desk beside a pen

Section 13-101: 20-year general period. Under 735 ILCS 5/13-101, an action to recover real property must be brought within 20 years after the cause of action accrues. A person who openly and continuously occupies another's land for 20 years without the owner's permission can, after that period, assert an adverse possession claim in a quiet-title action. This is the default rule and applies whether or not the claimant has any written instrument purporting to convey title.

Section 13-109: 7-year period, vacant or unoccupied land, color of title and taxes. Under 735 ILCS 5/13-109, the 20-year period shrinks to 7 years when three conditions all hold: (1) the claimant holds color of title: a written instrument that appears to convey ownership but is legally defective: to vacant or unoccupied land; (2) the claimant has paid all taxes assessed on that land for each of those 7 years; and (3) the required period of possession has run. Because the land is vacant, physical occupancy may be constructive rather than constant, but tax payments are mandatory and must cover the entire parcel described in the color-of-title instrument.

Section 13-110: 7-year period, possessed land, color of title and taxes. Under 735 ILCS 5/13-110, the 7-year track also applies to land the claimant actually occupies, provided the claimant holds color of title to the property and has paid all taxes on it for the 7-year period. The distinction from 13-109 is that the land here is not vacant; the claimant physically resides on or uses the property throughout the statutory period.

The five universal elements. Regardless of which period applies, Illinois courts require that possession be:

Actual: the claimant physically uses the land as an owner would (cultivation, enclosure, improvements, or similar acts).
Open and notorious: the use is visible and would put a reasonable owner on notice that someone is asserting a claim.
Exclusive: the claimant does not share possession with the true owner or the public generally.
Hostile (adverse): the claimant occupies without the owner's permission and without acknowledging the owner's superior title.
Continuous: the claimant maintains unbroken possession for the entire statutory period; gaps in possession restart the clock unless prior possession is tacked through privity.

A claimant who satisfies all five elements for the applicable period may file a quiet-title action in circuit court to obtain a judicial declaration of ownership. Adverse possession is an affirmative claim; the claimant bears the burden of proving each element by clear and convincing evidence.

How to Remove a Squatter in Illinois

Illinois treats squatters as unlawful occupants and provides property owners one legal pathway for removal: a forcible entry and detainer action filed in circuit court under 735 ILCS 5/9-101 et seq.

No self-help. Illinois law prohibits property owners from physically removing a squatter, changing locks, shutting off utilities, or taking other self-help measures to force someone out. Violations can expose the property owner to civil liability. The only lawful route is a court judgment.

Step 1: Serve a written demand. Before filing a complaint, the owner must serve the squatter with a written demand for possession. For unlawful occupants who never had a tenancy, the Illinois Courts-approved "Demand for Immediate Possession" form satisfies this requirement. The demand must be served in the manner prescribed by 735 ILCS 5/9-211 (personal delivery, leaving a copy at the premises with a person of suitable age, or posting and mailing if no person is present).

Illinois a stack of certified mail envelopes with green return receipt cards on a desk

Step 2: File an eviction complaint. If the squatter does not vacate after the demand, the owner files an eviction complaint in the circuit court for the county where the property is located. As of September 30, 2024, all residential eviction summons in Illinois must attach a Court-Based Rental Assistance Program (CBRAP) notice in both English and Spanish per Illinois Supreme Court Rule M.R. 32420, even for squatter cases.

Step 3: Serve process and attend the hearing. The court issues a summons requiring the squatter to appear. At the hearing, the owner must prove the right to immediate possession. If the squatter does not appear or the owner prevails, the court enters an eviction order.

Illinois a wooden judge gavel resting on a sound block beside a closed law book

Step 4: Obtain a writ of possession. A judgment for possession entitles the owner to a writ of possession, which the county sheriff enforces. The sheriff posts notice and, if the squatter has not left, physically removes the occupant and their belongings.

No Illinois-specific expedited squatter statute as of May 2026. Several states enacted separate fast-track removal statutes for squatters in 2024-2025. Illinois had not enacted a standalone expedited squatter-removal law as of the last-verified date of this article. Property owners in Illinois must use the standard forcible entry and detainer process described above.

Illinois Squatters Rights FAQ

Legal disclaimer: This article provides general legal information about Illinois law and is not legal advice. Adverse possession and eviction law are fact-specific, and outcomes depend on the particular circumstances of each case. Consult a lawyer licensed in Illinois before taking action to assert or defend a property claim.

For a comparison of all 50 states, see the national squatters rights guide.

Last updated: May 27, 2026.

Statutes cited reflect their in-force version as of May 27, 2026.

More Illinois Laws

Frequently Asked Questions

How long does it take to claim adverse possession in Illinois?

The general period is 20 years of open, hostile, actual, exclusive, and continuous possession under 735 ILCS 5/13-101. The period drops to 7 years if the claimant holds color of title and has paid all property taxes on the land under 735 ILCS 5/13-109 (vacant land) or 735 ILCS 5/13-110 (occupied land).

What is 'color of title' in Illinois adverse possession?

Color of title is a written instrument: such as a defective deed, a tax deed, or an improperly recorded conveyance: that appears to transfer ownership but is legally flawed. A claimant with color of title who also pays all taxes may qualify for the shorter 7-year period rather than the 20-year default.

Does a squatter have to pay property taxes to claim adverse possession in Illinois?

Tax payment is required only for the 7-year shortcut tracks under 735 ILCS 5/13-109 and 13-110. Under the standard 20-year period in 735 ILCS 5/13-101, tax payment is not a statutory element, though courts may consider it as evidence of the hostility and claim-of-right elements.

Can an Illinois landlord remove a squatter without going to court?

No. Illinois prohibits self-help eviction. Changing locks, removing belongings, or otherwise physically ousting a squatter without a court order is unlawful. The owner must file a forcible entry and detainer action under 735 ILCS 5/9-101 et seq. and obtain a court-issued writ of possession enforced by the sheriff.

How long does a squatter eviction take in Illinois?

After serving the demand for possession, the owner files in circuit court. The court typically schedules a hearing within a few weeks. If uncontested, the owner can obtain a possession order and writ relatively quickly; a contested case may take several months depending on the county and court calendar.

Does Illinois have an expedited squatter removal process?

As of May 2026, Illinois does not have a separate fast-track statute for removing squatters. Removal proceeds under the standard forcible entry and detainer process in 735 ILCS 5/9. Some counties may have local court practices that speed up uncontested cases, but no standalone expedited law has been enacted.

What is the difference between 735 ILCS 5/13-109 and 13-110?

Both sections create a 7-year adverse possession track requiring color of title and full tax payments. Section 13-109 applies to vacant or unoccupied land, while 13-110 applies to land the claimant actually possesses and occupies. The practical effect is the same 7-year period; the distinction turns on whether the land is vacant.

Sources and References

735 ILCS 5/13-101 — Code of Civil Procedure, 20-Year Limitation on Recovery of Real Property(ilga.gov).gov
735 ILCS 5/13-109 — Adverse Possession: Vacant Land, Color of Title, Tax Payment (7-Year Period)(ilga.gov).gov
735 ILCS 5/13-110 — Adverse Possession: Color of Title, Possession, Tax Payment (7-Year Period)(ilga.gov).gov
735 ILCS 5/9-101 et seq. — Code of Civil Procedure, Article IX, Forcible Entry and Detainer(ilga.gov).gov
Illinois Supreme Court — Eviction Forms and Procedures (incl. M.R. 32420, eff. Sept. 30, 2024)(illinoiscourts.gov).gov
Cornell LII — Adverse Possession: Elements Overview(law.cornell.edu)

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