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Remain present. In Illinois, a trespasser must continually use a piece of property for 10 years before he or she can file an adverse possession claim. A decade is a long time for a person to continue to use a property unnoticed. You can easily prevent an adverse possession claim by keeping tabs on your land.
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.
The first step in evicting a squatter in Illinois is to call the police to file a police report. Then, the owner must serve the squatter with a notice to vacate the premises. If the squatter refuses to vacate the property by that date, the owner may take legal action by filing an eviction lawsuit.
Identify and mark your property boundaries. Inspect your land regularly for signs of trespassers. You may want to use ?no trespassing? signs and block entrances with gates. Although many states will not find a ?no trespassing? sign sufficient to prevent an adverse possession claim, it's a good way to deter trespassers.
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.
However, while Airbnb provides these protections against squatters or other guest scams, it's important to note that they are not a substitute for homeowners or renters insurance and do not cover personal liability, loss of income, or damage due to reasonable wear and tear.
A typical adverse possession statute requires that the occupation must be open and notorious, exclusive, hostile, and continuous and uninterrupted for a prescribed period of time.
In the State of California, a squatter must occupy your property for a period of 5 years put forward any adverse possession claims. This is the shortest period of any state.