Illinois General Assembly - Illinois Compiled Statutes

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735 ILCS 5/13-114

(735 ILCS 5/13-114) (from Ch. 110, par. 13-114)

Sec. 13-114. Seventy-five year limitation.

No deed, will, estate, proof
of heirship, plat, affidavit
or other instrument or document, or any court proceeding, order or
judgment, or any agreement, written or unwritten, sealed or unsealed, or
any fact, event, or statement, or any part or copy of any of the
foregoing, relating to or affecting the title to real estate in the
State of Illinois, which happened, was administered, or was executed,
dated, delivered, recorded or entered into more than 75 years prior to
July 1, 1872, or such subsequent date as the same is
offered, presented, urged, claimed, asserted, or appears against any
person hereafter becoming interested in the title to any real estate, or
to any agent or attorney thereof, shall adversely to the party or
parties hereafter coming into possession of such real estate under claim
or color of title or persons claiming under him, her or them, constitute
notice, either actual or constructive of any right, title, interest
or claim in and to such real estate, or any part thereof, or be,
or be considered to be evidence or admissible in evidence or be held or
urged to make any title unmarketable in part or in whole, or be required
or allowed to be alleged or proved as a basis for any action, or any
statutory proceeding affecting directly or indirectly the title to such
real estate.

The limitation of this Section, however, shall be deferred from and
after the expiration of such 75 year period for an additional period of
10 years, if a claim in writing in and to real estate therein
particularly described, incorporating the terms or substance of any such
deed, will, estate, proof of heirship, plat, affidavit, or other
instrument or document, or any court proceeding, order or judgment or
any agreement, written or unwritten, sealed or unsealed, or any fact,
event or statement, or any part or copy thereof in such claim, is filed
in the office of the recorder in the county or counties in
which such real estate is located:

1. within 3 years prior to the expiration of such 75 year period;
or

2. after the expiration of such 75 year period, by a minor or
a claimant under a legal disability who became under such disability during such 75
year period and within 2 years after the disability of such minor or
of the claimant a under legal disability has been removed; or

3. after the expiration of such 75 year period, by a guardian of a
minor or person who was determined by a court to be under a legal disability 
during such 75 year period and within 2 years after such guardian
has been appointed for such minor or person under a legal disability.

The provisions of this Section shall not apply to or operate against
the United States of America or the State of Illinois or any other state
of the United States of America; or as to real estate held for a public
purpose by any municipality or other political subdivision of the State
of Illinois; or against any person under whom the party or parties in
possession during the period herein permitted for reassertion of title
claim by lease or other privity of contract; or against any person
who during the entire period herein permitted for reassertion of title,
or prior thereto, has not had the right to sue for and protect
his or her claim, interest or title.

(Source: P.A. 99-143, eff. 7-27-15.)