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 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.

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:

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.

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).

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 forcible entry and detainer process described above.

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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.

Sources

• 735 ILCS 5/13-101, Code of Civil Procedure, Article XIII: 20-Year Limitation on Recovery of Real Property, Illinois General Assembly, https://www.ilga.gov/legislation/ilcs/documents/073500050K13-101.htm
• 735 ILCS 5/13-109, Code of Civil Procedure, Article XIII: Adverse Possession: Vacant Land, Color of Title, Tax Payment (7-Year Period), Illinois General Assembly, https://www.ilga.gov/legislation/ilcs/documents/073500050K13-109.htm
• 735 ILCS 5/13-110, Code of Civil Procedure, Article XIII: Adverse Possession: Color of Title, Possession, Tax Payment (7-Year Period), Illinois General Assembly, https://www.ilga.gov/legislation/ilcs/documents/073500050K13-110.htm
• 735 ILCS 5/9-101 et seq., Code of Civil Procedure, Article IX: Forcible Entry and Detainer, Illinois General Assembly, https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&SeqStart=50000000&SeqEnd=60000000
• Illinois Supreme Court, Eviction Forms and Procedures, Illinois Courts, https://www.illinoiscourts.gov/courts/circuit-court/eviction/
• Illinois Supreme Court Rule M.R. 32420: Court-Based Rental Assistance Program Notice Requirement (eff. Sept. 30, 2024), Illinois Courts, https://www.illinoiscourts.gov/courts/circuit-court/eviction/
• Cornell Law School Legal Information Institute, Adverse Possession: Elements Overview, https://www.law.cornell.edu/wex/adverse_possession

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.