Squatters’ Rights in Illinois: What You Need to Know
A squatter is someone who lives on a property without the owner’s permission. It’s a complicated situation, and “squatters’ rights” depend on the state. Illinois has specific laws about squatting, and it’s important to understand them whether you’re a property owner or someone considering squatting.
In Illinois, squatters may eventually be able to claim legal ownership of the property they’re occupying through a legal concept called “adverse possession.” To make a successful adverse possession claim, the squatter has to meet a number of requirements over a certain amount of time, but it is possible.
If you own property in Illinois, it’s essential to understand these laws so you can protect your investment. Likewise, if you are thinking about squatting, you need to understand the requirements for adverse possession and the risks involved.
This article provides a comprehensive overview of squatting laws in Illinois and explains how adverse possession works in the state.
Trespasser, squatter, adverse possession: Defining the terms
It’s important to understand some key terms to understand how squatting laws work in Illinois.
Trespasser vs. squatter
A trespasser is someone who enters or stays on someone else’s property without permission. Trespassers don’t intend to claim the property as their own.
Because trespassing is a crime, a trespasser can be jailed or fined.
A squatter, on the other hand, is someone who occupies a property without permission, but who may intend to claim legal ownership of it through a legal principle called adverse possession.
So, while both are on the property illegally, the main difference between a trespasser and a squatter is that a squatter may be trying to establish legal rights to the property.
Understanding adverse possession
Adverse possession is a legal concept that allows someone to gain ownership of a property they’ve been occupying if they do so openly, notoriously, exclusively, continuously, and “hostilely” for a period of time that’s set by law.
In Illinois, the law that spells out the requirements for adverse possession is 735 ILCS 5/13-101.
The Core Elements of Adverse Possession in Illinois
For a squatter to successfully claim adverse possession in Illinois, they must meet a stringent set of requirements. These requirements, established through case law and statute, aim to balance the rights of property owners with the potential claims of those who have openly and continuously occupied a property.
Open and Notorious Possession
The squatter’s presence on the property can’t be a secret. Their occupation must be visible and obvious, as if they were the true owner. This means they can’t be hiding their activities or trying to conceal their presence. They have to act in a way that would put a reasonable property owner on notice that someone is living there.
The purpose of this requirement is to ensure that the property owner has a reasonable opportunity to become aware of the adverse claim. If the occupation is hidden, the owner can’t be expected to take action to protect their property rights.
Hostile Possession
In legal terms, “hostile” doesn’t necessarily mean confrontational or aggressive. Instead, it means that the squatter is possessing the property without the owner’s permission. If the owner has given the squatter permission to be there, the possession is no longer considered hostile, and an adverse possession claim will fail.
There can be slightly different interpretations of “hostility” in legal cases, so it’s best to consult with an attorney about your particular situation.
Exclusive Possession
The squatter must possess the property to the exclusion of the true owner and any other potential claimants. They can’t be sharing possession with others, as this undermines their claim to exclusive control of the property. It has to be clear that they are the sole occupants and are treating the property as their own.
For example, in the case of Bell v. Fletcher (IL App, 2021), the squatter was unable to prove that they had exclusive possession of the property for the full 20-year statutory period, and their claim was denied.
Continuous Possession
The squatter’s possession of the property must be uninterrupted for the entire 20-year statutory period. This doesn’t necessarily mean that the squatter can never leave the property, but it does mean that their absence can’t be for an extended period or indicate an abandonment of their claim. Occasional absences may not defeat a claim if the squatter returns and maintains possession.
In the case of Kinsch v. Tabor (IL App, 2018), the squatter was unable to demonstrate that they had met the 20-year continuous possession requirement, and their adverse possession claim was unsuccessful.
The Statutory Period: 20 Years and the Exception of “Color of Title”
In Illinois, you have to occupy a property continuously for 20 years before you can claim ownership through adverse possession. This is spelled out in the Illinois Compiled Statutes (735 ILCS 5/13-101).
Why so long? The idea is that property owners should have plenty of time to discover someone is squatting on their land and take steps to stop it.
“Color of Title”: A Shorter Path to Ownership
There’s an exception to that 20-year rule, and it’s called “color of title.”
“Color of title” means you have some kind of document, like a deed, that looks like it gives you ownership of the property, but it’s actually defective in some way. Maybe there was a mistake in the legal description, or a signature was missing.
If you have “color of title,” you only need to occupy the property for 7 years (735 ILCS 5/13-107 and 735 ILCS 5/13-109).
However, there’s a catch: you also have to pay the property taxes during those 7 years.
Property Tax Payment: A Critical Factor
Paying those property taxes is super important. It really strengthens your adverse possession claim, especially if you’re relying on “color of title.” Paying property taxes shows you intend to own the property and aren’t just squatting there randomly.
Landlord rights and responsibilities: Evicting squatters in Illinois
If you’re a landlord in Illinois and you discover squatters on your property, you have the legal right to evict them. However, it’s crucial to follow the proper procedures to avoid legal trouble.
Self-help eviction is illegal
You might be tempted to take matters into your own hands and try what’s known as a “self-help eviction.” This could include actions like changing the locks, physically removing the squatter, or turning off the utilities.
However, self-help eviction is illegal in Illinois. If you attempt it, you could face legal consequences, including lawsuits from the squatter.
Proper eviction procedures
To legally evict a squatter in Illinois, you must follow these steps:
- Serve a notice to vacate. You must provide the squatter with a written notice to leave the property. The amount of time you give them to leave will depend on the specific circumstances and the reason for the eviction.
- File an eviction lawsuit. If the squatter doesn’t leave after the notice period expires, you must file an eviction lawsuit in the appropriate court.
- Obtain a court order. If the court rules in your favor, it will issue an order for the squatter to be evicted from the property.
- Enforcement by law enforcement. The eviction order must be carried out by a sheriff or other law enforcement officer. You can’t forcibly remove the squatter yourself.
By following these legal procedures, you can protect your rights as a landlord and ensure that the eviction process is handled fairly and legally.
Protecting Your Property: Prevention Strategies for Illinois Property Owners
The best way to avoid the messy and expensive process of removing squatters is to take steps to keep them off your property in the first place. Here are a few steps Illinois property owners can take:
- Inspect your property regularly. Frequent inspections are a must, especially if the property is vacant. Visit the property at least every one to two months to look for any signs of unauthorized entry or occupancy.
- Secure all entryways. Make sure all windows, doors, and gates are secured with sturdy locks and maybe even bars.
- Post “No Trespassing” signs. Clearly visible “No Trespassing” signs can make potential squatters think twice before entering your property.
- Maintain the property’s appearance. Keep the lawn mowed, collect the mail regularly, and generally maintain the property’s appearance to give the impression that someone lives there.
- Ask your neighbors for help. Enlist your neighbors to keep an eye on the property and report any suspicious activity to you or the authorities.
- Install security systems. Security cameras and alarms can deter squatters and provide valuable evidence if you ever need to take legal action.
By taking these proactive steps, Illinois property owners can significantly reduce the risk of squatters occupying their property and avoid the legal headaches that can come with removing them.
Absentee Owner Risks and Responsibilities
If you own property in Illinois but don’t live there, you’re at higher risk of someone trying to claim it through adverse possession. It’s harder to keep an eye on things from a distance, and squatters might take advantage of that.
One way to protect yourself is to hire a property management company. A good property manager will inspect the property regularly, keep it maintained, and deal with any problems that come up quickly. This could include removing trespassers or addressing signs of squatting before it becomes a bigger issue.
Even with a property manager, it’s important to stay informed about your property. Ask for regular reports, and if possible, visit the property yourself from time to time.
Remember, as an absentee owner, you have the same legal responsibilities as any other property owner in Illinois. You’re responsible for preventing squatting and dealing with it if it happens. Ignoring the problem won’t make it go away, and it could cost you your property.
Notable Adverse Possession Cases in Illinois
Illinois courts have seen a number of adverse possession cases. Here are a few notable examples:
- Pearce v. Pierce (IL App, 2011): In this case, a squatter successfully claimed ownership of a property after living there for 21 years. Key to their success was proving they had lived there openly, continuously, and exclusively for the required period, acting as though they owned the land.
- Bell v. Fletcher (IL App, 2021): Here, the squatter failed to gain ownership. The court ruled that they hadn’t proven they had exclusive possession of the property for the entire 20-year period. In other words, they couldn’t prove they were the only ones using and controlling the land for that whole time.
- Kinsch v. Tabor (IL App, 2018): This squatter also failed, primarily because they couldn’t demonstrate they had occupied the property for the full 20 years required by Illinois law. Time is a critical factor in these cases.
It’s important to remember that every adverse possession case is unique. The outcome depends heavily on the specific facts and the evidence presented in court.
To Conclude
In Illinois, squatters can potentially gain legal ownership of a property through adverse possession if they openly, notoriously, hostilely, and exclusively possess it for 20 years. If they have “color of title,” meaning a document that appears to grant ownership but doesn’t, that period is reduced to seven years.
To protect your property, it’s crucial to take proactive steps. Regularly inspect your property, secure all entry points, post “No Trespassing” signs, and maintain the property’s appearance to deter potential squatters.
If you discover squatters on your property, don’t resort to self-help eviction. Instead, follow proper legal procedures and file an eviction lawsuit in court to remove them legally.
Navigating Illinois’ squatting laws and adverse possession can be complex. If you encounter squatters or have concerns about your property rights, seeking legal advice from a qualified attorney is highly recommended. A lawyer can help you understand your options and protect your interests.