Illinois Statewide Rule

Illinois Squatters and Adverse Possession Rules

Heavy RestrictionsApplies statewide across Illinois (2026)

Key Facts

Baseline period: 20 years (735 ILCS 5/13-101)
7-year path (color of title): Claim and color of title in good faith plus paying all taxes (735 ILCS 5/13-109)
7-year path (record title): Connected record title plus 7 years' actual residence (735 ILCS 5/13-107)
Possession requirements: Actual, hostile, exclusive, continuous, open and notorious

Last verified: September 5, 2026

Summary

Adverse possession in Illinois generally requires 20 years of possession (735 ILCS 5/13-101). The period drops to 7 years when the occupant holds under claim and color of title 'made in good faith' and pays all taxes assessed (735 ILCS 5/13-109), or holds connected record title with 7 years of actual residence (735 ILCS 5/13-107).

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.

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Full Breakdown

Under 735 ILCS 5/13-101, no action to recover land may be brought 'unless within 20 years after the right to bring such action... first accrued,' the baseline adverse-possession period. Two shorter 7-year paths exist. Section 13-107 covers land 'possessed by actual residence thereon for 7 successive years' under 'a connected title, deductible of record' from the State or United States. Section 13-109 reduces the period to 7 years where the occupant holds vacant or unoccupied land 'under claim and color of title, made in good faith' and 'pays all taxes legally assessed' during that time. Possession must always be actual, hostile, exclusive, continuous, and open and notorious. Owners remove unauthorized occupants through the Article IX eviction process, not self-help.

Violations & Penalties

No specific statutory penalty for the owner. An adverse-possession claim that fails to meet every element (including the full statutory period and, for the 7-year color-of-title path, payment of all taxes) is defeated, and the record owner retains title. Unauthorized occupants who do not satisfy the statute can be evicted through court action.

Frequently Asked Questions

How long must a squatter possess property to claim it in Illinois?

Generally 20 years under 735 ILCS 5/13-101. The period shortens to 7 years if the occupant holds under claim and color of title made in good faith and pays all assessed taxes (735 ILCS 5/13-109), or holds connected record title with 7 years' actual residence (735 ILCS 5/13-107).

Does paying property taxes help a squatter in Illinois?

Yes, on the 7-year color-of-title path. Under 735 ILCS 5/13-109, an occupant of vacant land who holds under color of title made in good faith and pays all taxes legally assessed for 7 years may acquire title, far faster than the 20-year baseline.

How does an Illinois owner remove a squatter?

Through the courts, not self-help. The owner uses the eviction (forcible entry and detainer) process under Article IX of the Code of Civil Procedure to obtain an order for possession; the squatter cannot gain rights without meeting every adverse-possession element.

Sources

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