Squatters Rights in Illinois: 20-Year Adverse Possession Law
Illinois requires 20 years of possession, reduced to 7 years for claimants with color of title who pay all property taxes for that period. Public Act 104-0029, effective January 1, 2026, confirmed that police can enforce criminal trespass law against squatters without first requiring a formal court-ordered eviction.
Last reviewed July 8, 2026 — statutes and case law independently verified against official sources
Illinois vs Neighboring States: Quick Comparison
- Statutory Period
- 20 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 10 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Standard process
- Statutory Period
- 20 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Standard process
- Statutory Period
- 10 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Standard process
Data verified for 2026. Laws subject to change, verify with official state statutes.
The Path to Adverse Possession in Illinois
A visual summary of what a claimant must complete, start to finish.
How Adverse Possession Works in Illinois
To claim ownership of property through adverse possession in Illinois, a claimant must possess the land for 20 years while meeting the legal requirements established under state law. A shorter 7-year track is available for claimants who pay property taxes and, where required, hold color of title.
Legal Basis and Statutory Period
Illinois’s adverse possession law is codified under 735 ILCS 5/13-101, 5/13-109; Public Act 104-0029 (SB 1563). The standard statutory period is 20 years of continuous, open, and hostile possession.
Property Tax Requirements
A shorter 7-year period applies to claimants with color of title who pay all property taxes for the full 7 years.
Color of Title Rules
Color of title is not required for the standard 20-year claim, but is required (with tax payment) for the shorter 7-year track.
Key Legal Requirements
- Actual possession
- Open and notorious possession
- Hostile possession
- Exclusive possession
- Continuous possession for 20 years (7 years with color of title and tax payment)
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Recent Law Changes in Illinois
2025: Senate Bill 1563 (Public Act 104-0029), signed by Governor Pritzker on July 21, 2025 and effective January 1, 2026, amended the Code of Civil Procedure to confirm that nothing in the state's eviction statute prevents law enforcement from enforcing criminal trespass laws against unauthorized occupants. This is a removal-process clarification and does not alter the 7/20-year adverse possession periods.
Illinois Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Illinois, a claimant typically must:
- File a quiet title action in the circuit court of the county where the property is located
- Provide evidence of possession meeting all required elements for the full statutory period: actual possession (physical control and use), visible and notorious possession, exclusive possession, hostile possession (without permission), and continuous possession
- Satisfy either the 20-year requirement under 735 ILCS 5/13-101 (without color of title), or the 7-year requirement under 735 ILCS 5/13-109 (with color of title and payment of all property taxes)
- Present documentation such as tax payment receipts, evidence of improvements, witness testimony, surveys showing the disputed area, and color of title documents if claiming under the 7-year statute
- Have the court evaluate the evidence and either grant or deny the quiet title action
- If successful, record the court judgment with the county recorder to perfect the title
Illinois' 20-year and 7-year color-of-title tracks do not apply to land owned by the federal or state government, school and seminary lands, or land held for religious societies or public purposes.
Removing Squatters in Illinois
If unauthorized occupants are on your property, follow these steps to legally remove them:
- Serve a written eviction notice (typically a 5-day notice to quit for squatters)
- If the squatters don't leave, file a Forcible Entry and Detainer action with the circuit court
- Attend the court hearing with evidence of your property ownership
- If the court rules in your favor, obtain an Order for Possession
- Provide the Order to the county sheriff, who will execute the eviction
Do not attempt "self-help" eviction methods such as changing locks, removing belongings, or shutting off utilities, as these actions are illegal in Illinois. Public Act 104-0029 (SB 1563) strengthened protections for property owners against unauthorized occupants, making it easier to pursue criminal trespass charges in clear squatting cases.
735 ILCS 5/13-101, 5/13-109; Public Act 104-0029 (SB 1563)
View Official State Statute ↗Notable Illinois Adverse Possession Cases
Joiner v. Janssen (1981)
85 Ill. 2d 74, 421 N.E.2d 170 (1981)
Neighbors in the village of Tiskilwa disputed a 14-foot strip of land, with one side claiming 20-year adverse possession up to a long-standing tree and bush line that both families had mistakenly treated as the true boundary. The Illinois Supreme Court held that occupancy to a visible, ascertained boundary line for the full statutory period establishes hostility even when both sides were mistaken about where the real property line ran, affirming title in the possessors.
Tapley v. Peterson (1986)
141 Ill. App. 3d 401, 490 N.E.2d 96 (1986)
In a dispute over land a neighbor had built on and maintained beyond the recorded property line, the Illinois Appellate Court reaffirmed that a successful adverse possession claim requires continuous, hostile, actual, and open/notorious/exclusive possession under a claim of title inconsistent with the record owner's, with all five elements existing together for the entire 20-year period. Visible improvements and regular upkeep of the disputed strip were enough to satisfy the actual-possession element.
McLeod v. Lambdin (1961)
22 Ill. 2d 232, 174 N.E.2d 869 (1961)
In a boundary dispute where the claimed adverse possession line didn't match the recorded legal description, the Illinois Supreme Court held that a claimant asserting title to a mistaken or disputed boundary must prove the location of that boundary by clear and convincing evidence, with the disputed tract susceptible of specific, definite location. The decision underscores that Illinois presumptions favor the record titleholder and that every element of an adverse possession claim, including the boundary itself, carries a demanding evidentiary burden.
Stoehr v. Saville (2023)
2023 IL App (4th) 220751
A longtime tenant who later bought the lot he'd been renting kept using a small triangular strip that actually belonged to the neighboring lot, which was sold to a new owner in 2017; when that owner sued for trespass, the tenant-turned-owner argued he'd adversely possessed the strip. The Fourth District Appellate Court reversed a trial-court ruling in his favor, holding that because his possession began permissively as a tenant, the 20-year adverse possession clock could not start running until 2004, when he bought his own lot and the tenancy ended, so the limitations period hadn't yet expired when the lawsuit was filed.
Frequently Asked Questions About Illinois Adverse Possession
How long must someone occupy my property in Illinois to claim adverse possession?
In Illinois, a person must continuously occupy your property for 20 years under the standard pathway (735 ILCS 5/13-101). If they have color of title (a document that appears to give ownership but is legally defective) and pay all property taxes during that time, they may claim adverse possession after just 7 years under 735 ILCS 5/13-109. Either way, possession must be actual, open, notorious, exclusive, hostile, and continuous throughout.
What is "color of title" in Illinois adverse possession law?
Color of title is a document that appears to give someone ownership of property but is legally defective — for example, a deed with an incorrect legal description or from someone who didn't actually own the property. In Illinois, a claimant with color of title who also pays property taxes can shorten the required possession period from 20 years to 7 years under 735 ILCS 5/13-109.
Can a tenant claim adverse possession against their landlord in Illinois?
Generally, no. A tenant's possession is permissive, not hostile, so the adverse possession clock doesn't start while the tenancy continues. In Stoehr v. Saville (2023), the Illinois Appellate Court held that a tenant who later bought the adjoining lot he'd been renting couldn't count his years as a tenant toward adverse possession of an encroachment — the clock only began running once he became an owner and the tenancy ended.
Does adverse possession in Illinois require payment of property taxes?
For the standard 20-year pathway, payment of property taxes is strong supporting evidence but not strictly required. For the shorter 7-year color-of-title pathway under 735 ILCS 5/13-109, however, paying all legally assessed property taxes throughout the 7 years is a mandatory element of the claim.
Can I lose my vacant land in Illinois to adverse possession?
Yes. Under 735 ILCS 5/13-110, someone with color of title who pays property taxes on vacant, unoccupied land for 7 consecutive years can potentially claim ownership, even without physically occupying it. Owners of vacant land should regularly inspect their property, post no-trespassing signs, pay taxes promptly, and document their continuing interest in it.
Is adverse possession different from squatter's rights in Illinois?
"Squatter's rights" is a colloquial term often used interchangeably with adverse possession, but the legal doctrine has much stricter requirements — 20 years of continuous, hostile possession (or 7 years with color of title and paid taxes), proven by clear and convincing evidence, as Illinois courts have emphasized in cases like McLeod v. Lambdin (1961). Most people who occupy property without permission never come close to meeting these standards.
Can police remove squatters in Illinois?
Yes, but only for genuine criminal trespassers, and Illinois just made that authority explicit. Under 720 ILCS 5/19-4 (criminal trespass to residence) and 5/21-3 (criminal trespass to real property), someone who entered without any lease, rental agreement, or permission can be arrested and removed by police without the owner first filing an eviction case. Public Act 104-0029 (SB 1563), signed in 2025 and effective January 1, 2026, amended Illinois's eviction article to state explicitly that nothing in it prohibits law enforcement from enforcing criminal trespass laws or removing a trespasser when a criminal trespass has occurred — closing a gap where officers previously deferred to civil court even in clear no-lease squatting cases. However, if the occupant has ever had a lease, was a tenant whose tenancy lapsed, or otherwise has a colorable claim to being there, police will not remove them; the owner must instead serve a notice to quit and file a Forcible Entry and Detainer action in circuit court, then have the sheriff execute the resulting Order for Possession.
This information is provided for general educational purposes only and does not constitute legal advice. Adverse possession claims are highly fact-specific. Consult a licensed attorney in the relevant state before relying on this information.