Illinois Squatters Rights and Adverse Possession Laws (2026)

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 good-faith color of title and pays all property taxes under 735 ILCS 5/13-110 (vacant land) or 735 ILCS 5/13-109 (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). Several sections set the limitation periods, and they do not all require the same things: 13-101 (20 years), 13-107 (7 years by actual residence plus connected title deducible of record), 13-109 (7 years by actual possession, good-faith color of title and taxes), and 13-110 (7 years by good-faith color of title and taxes on vacant land). Two narrower 2-year tracks, 13-107.1 and 13-109.1, are limited to purchasers at a judicial foreclosure sale.

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 13-107: 7-year period, actual residence and record title. Under 735 ILCS 5/13-107, an action to recover land held by a person "possessed by actual residence thereon for 7 successive years, having a connected title, deductible of record" from the State, the United States, a tax sale, or a judicial sale must be brought within 7 years after possession is taken. This track turns on living on the land plus a chain of title that appears in the public record. Unlike 13-109 and 13-110, it has no tax-payment element. Section 13-107.1 sets a 2-year version of the same rule for purchasers at a judicial foreclosure sale.

Section 13-109: 7-year period, actual possession, color of title and taxes. Under 735 ILCS 5/13-109, a person in actual possession of land "under claim and color of title, made in good faith," who continues in that possession for 7 successive years and during that time pays all taxes legally assessed on the land, is adjudged the legal owner to the extent of the paper title. Color of title means a written instrument that appears to convey ownership but is legally defective. All three requirements run together: good-faith color of title, 7 successive years of actual possession, and payment of all taxes for that period. Section 13-109.1 carves out a 2-year version for purchasers at a judicial foreclosure sale.

Section 13-110: 7-year period, vacant land, color of title and taxes. Under 735 ILCS 5/13-110, a person "having color of title, made in good faith, to vacant and unoccupied land" who "pays all taxes legally assessed thereon for 7 successive years" is deemed the legal owner to the extent of the paper title. This section has no possession or occupancy element at all: the land must be vacant and unoccupied, which is the opposite of the actual, continuous occupancy the 20-year track demands. It also carries a defeasance proviso that changes the practical answer. If a person holding a better paper title pays the taxes assessed on the land for any one or more years during the 7-year term, the color-of-title taxpayer is not entitled to the benefit of the section. A record owner who notices the situation and pays a single year of taxes therefore defeats the entire claim.

The five common-law elements (20-year track). For the general 20-year limitation period under 735 ILCS 5/13-101, Illinois courts require that possession be:

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

These are judicially developed elements for the 20-year track. The shorter statutory tracks are defined by their own text and do not all require them. Section 13-110 requires no possession at all, since it reaches only vacant and unoccupied land, and both 13-109 and 13-110 require color of title "made in good faith," which is a different inquiry from the common-law hostility element.

A claimant who satisfies the requirements of the applicable section 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: an eviction 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 for possession. Serving a written demand before filing is standard Illinois practice, and it is a statutory precondition in the circumstances 735 ILCS 5/9-102 conditions on a "demand in writing," such as a purchaser who defaults on an agreement to buy or a former owner who refuses to surrender after the redemption period. The squatter circumstances in 9-102, a peaceable entry with possession unlawfully withheld and an entry into vacant or unoccupied land without right or title, carry no written-demand precondition, and 735 ILCS 5/9-104 is permissive in form: the demand "may be made" in the ways it lists. Serving one anyway is prudent, because it documents the demand and dates the refusal, and the Illinois Courts-approved "Demand for Immediate Possession" form tracks the language 9-104 supplies ("I hereby demand immediate possession of the following described premises").

Section 9-104 is also the section that expressly reaches squatters. Where those in possession are unknown occupants who are not parties to any written lease, rental agreement, or right-to-possession agreement, the demand may be served by delivering a copy directed to "unknown occupants" to the occupant, by leaving a copy with a person of the age of 13 years or upwards occupying the premises, or by posting a copy on the premises directed to "unknown occupants." Where the occupant is a tenant, 735 ILCS 5/9-211 governs service instead: delivery to the tenant, leaving a copy with a person of the age of 13 years or upwards residing on or in possession of the premises, certified or registered mail with a return receipt from the addressee, or, if no one is in actual possession, posting on the premises. Posting and mailing is a separate mechanism, the constructive-service route for the eviction summons under 735 ILCS 5/9-107, not a way to serve the demand.

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.

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 eviction process described above.

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.

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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. Shorter tracks exist: 7 years under 735 ILCS 5/13-109 (good-faith color of title, actual possession, and payment of all taxes), 7 years under 735 ILCS 5/13-110 (good-faith color of title and payment of all taxes on vacant and unoccupied land, with no occupancy element), and 7 years under 735 ILCS 5/13-107 (actual residence plus a connected title deducible of record).

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 whose color of title was taken in good faith and who also pays all taxes may qualify for a 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 an element only of the color-of-title tracks under 735 ILCS 5/13-109 and 13-110. Under the standard 20-year period in 735 ILCS 5/13-101, and under the 7-year residence-and-record-title track in 735 ILCS 5/13-107, 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 an eviction 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 any demand for possession is served, 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 eviction 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 track requiring color of title made in good faith plus payment of all taxes legally assessed on the land. Section 13-109 applies to land the claimant actually possesses, and 7 successive years of that possession is an element. Section 13-110 applies to vacant and unoccupied land and has no possession element at all, but it is defeated if a person with a better paper title pays the taxes for any one or more years during the 7-year term.