(735 ILCS 5/13-118) (from Ch. 110, par. 13-118)
Sec. 13-118.
Forty year limitation on claims to real estate.
No action
based upon any claim arising or existing more than 40 years before the
commencement of such action shall be maintained in any court to recover
any real estate in this State or to recover or establish any interest
therein or claim thereto, against the holder of the record title to such
real estate when such holder of the record title and his or her grantors
immediate or remote are shown by the record to have held chain of title
to such real estate for at least 40 years before the action is
commenced, unless such claimant, by himself or herself, or by his or her attorney or
agent, or if he or she is a minor or under legal disability, by his or her guardian,
trustee, either parent, or any other person acting in his or her
behalf shall within 40 years after the claim upon which such action is
based arises, file in the office of the recorder of the county
wherein such real estate is situated, a verified statement definitely
describing the real estate involved, the nature and extent of the right
or interest claimed, and stating the facts upon which the same is based.
However, the holder of the record title to such real estate shall not be
entitled to the protection of Sections 13-118 through 13-121 of this Act
if the real estate is in the
adverse possession of another.
For purposes of this Section an unborn or unascertained person may be
a claimant and a verified statement may be filed on his or her behalf as
provided in this Section.
For the purposes of Sections 13-118 through 13-121 of this Act, any person
who holds title to real
estate by will or descent from any person who held the title of record
to such real estate at the date of his or her death or who holds title by
judgment or order of any court, or by deed issued pursuant thereto, i.
e., by trustee's, trustee's in bankruptcy, conservator's, guardian's,
executor's, administrator's, receiver's, assignee's, master's in
chancery, or sheriff's deed shall be deemed to hold chain of title the
same as though holding by direct conveyance.
(Source: P.A. 83-358.)
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