Housing · Adverse Possession
Adverse Possession Time in Illinois
How many years of continuous possession it takes to claim land by adverse possession in Illinois, whether you must pay the property taxes, the exceptions, and the limits. Cited to the statute.
How adverse possession works in Illinois
The period or periods, whether taxes must be paid, and the limits that apply.
| How it works | What it means |
|---|---|
| 20 years by default (§13-101) | No action to recover land may be brought more than 20 years after the right of action accrued, so 20 years of continuous adverse possession bars the owner. No tax payment is required for this route. |
| 7 years with color of title and taxes (§13-109) | A person in actual possession under claim and color of title made in good faith, who continues in possession for seven successive years and pays all taxes legally assessed during that time, is adjudged the legal owner. |
| 7 years for vacant land (§13-107) | A parallel seven-year rule applies to vacant and unoccupied land held under color of title where the claimant pays all taxes for seven successive years. |
| Taxes buy the shortcut, not the default | The 20-year route needs no tax payment. Paying taxes, together with color of title, is what drops the period to seven years. |
| Exceptions and limits | What it means |
|---|---|
| Government and public land | Land owned by the state, a municipality, or held for public use cannot be adversely possessed. |
| Color of title | A good-faith paper title, even if defective, is what unlocks the seven-year routes under §13-107 and §13-109. |
| Tacking | Successive possessors in privity may add their possession, and their tax payments, together to reach seven successive years. |
What you can do right now
Concrete, neutral steps for a claim or a defense in Illinois. This is legal information, not legal advice.
- Check whether the 7-year route fits
The seven-year period requires a good-faith color of title and payment of all taxes for those seven years. Without both, the period is 20 years.
- Owners: watch who pays the taxes
The seven-year shortcut depends on the claimant paying your taxes. Keeping taxes current and monitoring who pays is a strong defense.
- Do not confuse removal with ownership
Removing a trespasser is separate from the adverse-possession clock, which takes years. Removal is faster.
- Talk to an Illinois real-estate attorney
Color of title, tax payment, and the two periods turn on your facts. A licensed Illinois attorney can assess a claim or defense. The State Bar can refer you to one.
Adverse possession and boundary disputes turn on years of facts and documents. This resource can connect you with a licensed real-estate attorney who can assess a claim or defense.
→ Illinois State Bar — Illinois Lawyer FinderThis is general legal information, not legal advice. Color of title, tax payment, acreage caps, and recent amendments can change the answer, so confirm your situation with a licensed attorney.
What people get wrong about Illinois adverse possession
Illinois runs a two-tier adverse-possession system, and the shorter tier turns on paying taxes. By default, an owner has 20 years to recover land under 735 ILCS 5/13-101, so 20 years of continuous, open, hostile, exclusive possession bars the owner, with no tax payment required. The clock drops to just seven years, though, for a claimant who holds color of title, a good-faith paper title even if defective, and pays all taxes legally assessed for seven successive years, under §13-109; a parallel seven-year rule in §13-107 covers vacant and unoccupied land on the same color-of-title-plus-taxes terms. So in Illinois, unlike New York or Pennsylvania, paying the taxes genuinely matters, but only to unlock the shorter period, not as a requirement for the 20-year default. Successive possessors in privity can tack both their possession and their tax payments to reach seven years. Government and public land cannot be adversely possessed. Aggregators sometimes cite only the 20-year figure, so a claimant with a paper title should not overlook the far shorter seven-year route.
Common questions
How long does adverse possession take in Illinois?
Generally 20 years under §13-101, but only 7 years for a claimant who holds color of title and pays all taxes for seven successive years, under §13-109 (or §13-107 for vacant land).
Do you have to pay taxes for adverse possession in Illinois?
Only for the seven-year route, which requires color of title and payment of all taxes for seven successive years. The default 20-year route does not require tax payment.
What is color of title in Illinois adverse possession?
A good-faith paper title to the land, even if it is technically defective. Combined with paying all taxes for seven successive years, it drops the adverse-possession period from 20 years to seven.
Can you adverse-possess government land in Illinois?
No. Land owned by the state, a municipality, or held for public use cannot be adversely possessed, no matter how long it is occupied.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.