Adverse Posession Statute
Melissa Mirelez
PA 300
Unit 1 Assignment
Part One
The adverse possession statute is found at §5/13-101 of the Illinois Code of Civil Procedure. (735 ILCS 5/13-101) (from Ch. 110, par. 13-101) Sec. 13-101. Twenty years - Recovery of land. No person shall commence an action for the recovery of lands, nor make an entry thereon, unless within 20 years after the right to bring such action or make such entry first accrued, or within 20 years after he, she or those from, by, or under whom he or she claims, have acquired title or possession of the premises, except as provided in Sections 13-102 through 13-122 of this Act.
(Source: P.A. 82-280.)
To establish title under the adverse possession doctrine in Illinois, a person must show several elements with proof.
A party must prove that his or her possession of land was:
(1) continuous,
(2) hostile
(3) actual,
(4) open, notorious and exclusive, and
(5) under claim of title inconsistent with that of the true owner for a period of 20 years. All five of these elements must have existed during the full 20- year period before the doctrine will apply.
Chapter 735 Illinois Civil Procedure. Illinois General Assembly. Retrieved on may 21, 2013, from; http://www.ilga.gov/legislation/ilcs/documents/073500050K13-101.htm
Part Two
The case I found in Illinois that pertains to the adverse possession statute can be found under Sanders. v. Williams 2013 IL App (5th) 110573-U - State of Illinois. http://www.state.il.us/court/R23_Orders/AppellateCourt/2013/5thDistrict/5110573_R23.pdf Part Three
Facts
Plaintiff, Sally Sanders filed a complaint in the circuit court of Williams County against defendant, Fred Williams. Sanders claimed that Williams trespassed on a strip of land where their properties meet. Williams counterclaimed to allege adverse possession. After a bench trial, the defendant was given a judgment in favor of him. The plaintiff filed an appeal based on the fact that the defendant did
PA 300
Unit 1 Assignment
Part One
The adverse possession statute is found at §5/13-101 of the Illinois Code of Civil Procedure. (735 ILCS 5/13-101) (from Ch. 110, par. 13-101) Sec. 13-101. Twenty years - Recovery of land. No person shall commence an action for the recovery of lands, nor make an entry thereon, unless within 20 years after the right to bring such action or make such entry first accrued, or within 20 years after he, she or those from, by, or under whom he or she claims, have acquired title or possession of the premises, except as provided in Sections 13-102 through 13-122 of this Act.
(Source: P.A. 82-280.)
To establish title under the adverse possession doctrine in Illinois, a person must show several elements with proof.
A party must prove that his or her possession of land was:
(1) continuous,
(2) hostile
(3) actual,
(4) open, notorious and exclusive, and
(5) under claim of title inconsistent with that of the true owner for a period of 20 years. All five of these elements must have existed during the full 20- year period before the doctrine will apply.
Chapter 735 Illinois Civil Procedure. Illinois General Assembly. Retrieved on may 21, 2013, from; http://www.ilga.gov/legislation/ilcs/documents/073500050K13-101.htm
Part Two
The case I found in Illinois that pertains to the adverse possession statute can be found under Sanders. v. Williams 2013 IL App (5th) 110573-U - State of Illinois. http://www.state.il.us/court/R23_Orders/AppellateCourt/2013/5thDistrict/5110573_R23.pdf Part Three
Facts
Plaintiff, Sally Sanders filed a complaint in the circuit court of Williams County against defendant, Fred Williams. Sanders claimed that Williams trespassed on a strip of land where their properties meet. Williams counterclaimed to allege adverse possession. After a bench trial, the defendant was given a judgment in favor of him. The plaintiff filed an appeal based on the fact that the defendant did