Property Sold Our With Vacant Possession In Illinois
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FAQ
Under Illinois law, adverse possession is established by showing with clear and unequivocal evidence that your clients' possession of the property was (1) continuous; (2) hostile or adverse; (3) actual; (4) open, notorious and exclusive; and (5) under a claim of title inconsistent with the true owner.
If your possession has been “adverse,” you own it. Adverse possession is the only example of squatter's rights in Illinois property law. Whether that possession begins by innocent mistake or illegal trespass, 20 years makes you the legal landowner. But not just any 20 years of possession.
The Illinois standard for adverse possession is defined by 735 ILCS 5/13-101 and typically includes occupation that is open, notorious, actual, hostile, exclusive, and continuous for at least 20 years (or seven years under specific conditions we'll outline later in this article).
Property owners must follow a legal eviction process to remove squatters, which includes filing an eviction lawsuit, serving proper notice, and possibly involving the sheriff to physically remove squatters if they do not voluntarily leave after the court order.
Illinois adverse possession laws require claimants to occupy a given property for at least 20 years and either "color or title" or payment of property taxes for seven of those years.
The Illinois standard for adverse possession is defined by 735 ILCS 5/13-101 and typically includes occupation that is open, notorious, actual, hostile, exclusive, and continuous for at least 20 years (or seven years under specific conditions we'll outline later in this article).
Squatters must maintain continuous possession for years before claiming rights of ownership. Mowing is not continuous possession. Continuous possession also includes paying property taxes for the property.
Before taking action regarding the abandoned belongings, you should provide written notice to the tenant. The notice should clearly state that the tenant has a specific period to claim their belongings. In Indiana, landlords must provide tenants with 90 days to collect their belongings.
