Table of Contents
Squatters Rights in Illinois (2024)
Squatting vs. Trespassing in Illinois
How Squatters Claim Adverse Possession in Illinois
How to Evict Squatters in Illinois
Illinois Squatters Rights Bottom Line
Squatters Rights in Illinois (2024)
In Illinois, for a squatter to claim ownership of a property, the squatter must have:
- Occupied the property for 20 continuous years
- Paid property taxes and have “color of title” for 7 continuous years
If a squatter decides to claim adverse possession of the property they are inhabiting, they must meet all five adverse possession requirements: hostile possession, actual possession, open and notorious possession, exclusive possession, and continuous possession.
What Is a Color of Title?
A “color of title” is a claim that appears to give a squatter ownership of the property but is actually invalid. It acts as proof of ownership even though it may be false and can influence the duration and requirements for claiming adverse possession.
Is a Color of Title Needed for Adverse Possession in Illinois?
No, a color of title is not necessary to file for adverse possession claim in Illinois. However, having one can help strengthen the squatter's claim. Having color of title can potentially reduce the required period for adverse possession from 20 years to 7 years if the claimant has paid taxes on the property for 7 continuous years.
Squatting vs. Trespassing in Illinois
In Illinois, a squatter is an individual occupying vacant, foreclosed, or abandoned property without the owner's permission. Unlike a squatter, a trespasser knowingly inhabits a property while being fully aware it is illegal. In most cases, trespassing often involves breaking and entering a property, with the trespasser having criminal intent.
How Squatters Claim Adverse Possession in Illinois
Adverse possession laws explain what a person who occupies someone else's property without permission needs to do to legally claim possession of it. In Illinois, if someone wants to claim another person's property through adverse possession, they must meet five required elements. Besides these five requirements, they also need to have paid property taxes during that time and not have used the property for illegal activities like prostitution or drug dealing.
1. Actual Possession
Actual possession requires the squatter to occupy the property as if they were the owner. In other words, once they physically inhabit the property, they must maintain and upkeep it as an owner would. In a legal context, actual possession solidifies the formal relationship between the property and the resider by creating a sense of ownership.
2. Hostile Possession
Hostile possession refers to exercising control over or using a property without the owner's permission. It can happen in a few different ways and doesn't necessarily have to be intentional. For example, if a neighbor builds a fence over a part of your property and uses it as theirs, this may be unintentional hostile possession. In the case of squatters, they typically knowingly trespass and use the property as their own. In all these cases, the person essentially takes over the property without permission, which is hostile possession.
3. Open and Notorious Possession
Open and notorious possession means that the squatter is not hiding their occupancy from the property owner. It is "open" or visibly obvious to anyone who looks at the property that the squatter is in possession of it. The possession must also be "notorious," meaning that other people know about it, including the property owner. It is not something that is kept secret or hidden by the squatter.
4. Exclusive Possession
To qualify for the element of exclusive possession, the squatter must be the only individual occupying the property. Single squatters have the right to claim adverse possession if there aren't additional squatters living on the site. If the owner was to find more than one squatter on their property, adverse possession cannot be claimed.
5. Continuous Possession
Continuous possession refers to the timeframe a squatter must have occupied a property to claim their right of adverse possession. In the state of Illinois, that timeframe is 20 years. Therefore, a squatter must have continuously lived on the property for 20 years to claim adverse possession in Illinois. If the squatter were to temporarily leave the residence, they could no longer claim adverse possession.
How to Evict Squatters in Illinois
To evict a squatter in Illinois, you should:
1. Contact the Police
Provide the police with all relevant information and documentation to support your claim and request them to remove the squatter if possible. Don't forget to obtain a copy of the police report for your records and future legal actions.
2. Serve Notice to Vacate
You should serve the squatter with a formal notice to vacate the premises. Ensure the notice includes the specific date by which the squatter must leave the property. Make sure to follow Illinois state laws regarding the delivery method of the notice (e.g., personal delivery, posting on the property, or certified mail). Keep a record of the served notice, including the date and method of service, to present as evidence in court if needed.
What Should the "Notice to Vacate" Include?
The notice should clearly state the consequences of failing to vacate by the specified date: Initiation of Legal Proceedings: Explain that if the squatter does not vacate the property by the specified date, the owner will file an eviction lawsuit. Court Costs and Legal Fees: Inform the squatter that they may be responsible for any court costs and legal fees incurred due to their refusal to vacate. Court-Ordered Eviction: Warn that a court-ordered eviction will lead to their forcible removal from the property by law enforcement. Permanent Record: Mention that an eviction can become part of their permanent record, potentially affecting their ability to rent in the future. Liability for Damages: State that they may be held liable for any damages to the property or for any unpaid rent during their unauthorized stay.
3. Take Legal Action
If the squatter refuses to vacate by the specified date, you will need to take legal action. The Illinois eviction process requires you to get a court order to evict the squatters, so it's best to consult with a qualified attorney experienced in landlord-tenant law to ensure all legal procedures are followed correctly. Make sure to prepare all necessary documentation, including the notice to vacate, proof of ownership, and any evidence supporting the eviction. Then, file the eviction lawsuit with the appropriate court in the county where the property is located. Keep in mind that you will have to attend all court hearings and provide testimony and evidence as required to support your case. Wait for the
4. What for the Court Decision
The court will determine if the squatters can claim adverse possession of your property. If the squatter meets all requirements for adverse possession, then the squatter will be granted ownership of the property. However, if the squatter does not meet all elements of adverse possession, they will be evicted.
Illinois Squatters Rights Bottom Line
In Illinois, squatters can claim ownership of your property through adverse possession. However, the requirements aren't easy. A squatter must have occupied the property for 20 continuous years or have paid property taxes for 7 continuous years. A squatter also needs to meet five specific conditions, including actual, hostile, exclusive, continuous, and open and notorious possession. If these conditions aren't met, the actual owner of the property can take legal steps to remove the squatter.
Additionally, what makes Illinois different from other states is that color of title is not a requirement for filing an adverse possession claim. Nevertheless, possessing one can expedite the process and alleviate the requirements for the squatter.