The Illinois Statute of Limitations to Claim Ownership

Illinois sets a statute of limitations for a person seeking to claim ownership of land. In addition to a statute of limitations, other elements must be clearly met. For property other than land, Illinois has no set statute of limitations. However, before an individual can claim ownership of personal property, Illinois requires signs that the original owner intended to abandon it.


Land Without Title
Illinois allows a person without title to land to claim ownership of under the theory of "adverse possession." This theory stands for the proposition that if an Illinois resident occupies land, without title, belonging to someone else, that resident can claim ownership if all the elements of adverse possession are met. Elements include possessing the land in a non-secretive way and possessing the land exclusively and continuously. Assuming all elements are met, the statute of limitations in Illinois is 20 years, after which, the possessor can claim ownership.

Land With Title
When a person possesses someone else's land, but that person actually believes the land is his -- usually due to a defect in the title -- the Illinois statute of limitations is seven years. As such, if an Illinois resident physically occupies land that does not belong to him in the mistaken belief he has a valid title, he can claim ownership provided he occupied the land for the seven-year period.

Other Types of Property
Illinois has no set statute of limitations for claims of ownership to personal property. Where an owner of personal property has abandoned it, another person can claim it if it is clear the true owner has no intention of recovering it. This situation arises most frequently where the tenant of an apartment leaves personal items behind upon relocating. Often, landlords are allowed by law to keep a tenant's abandoned property, assuming it is clear the tenant does not intend to get the property back.