No person shall commence an action for the recovery of lands, nor make an entry thereon, by reason of the breach of a condition subsequent, unless within 7 years after the time that condition is first broken. Continuing, successive or recurring breaches shall not extend the time for commencing the action or making the entry. Possession shall be deemed to be adverse and hostile from and after the first breach of a condition subsequent, notwithstanding the occurrence of successive or recurrent breaches.
13-102.Breach of condition subsequent.
Article XIII. Limitations · Part 1. Real Actions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceGives a 7-year window to sue for land or re-enter after a condition subsequent is first broken, and makes clear that repeated or later breaches don't restart that clock.
Full Text of 735 ILCS 5/13-102
Plain-English Summary
A "condition subsequent" is a limit built into how land was granted: the grantor keeps a right to take the land back if the grantee breaks a stated condition. Section 13-102 gives the grantor, or a successor, 7 years from the first breach to sue or re-enter.
The section closes an obvious workaround. If the breach keeps happening, or stops and starts again, that doesn't create a series of fresh 7-year windows. The clock is set once, at the first breach, and continuing or recurring breaches don't extend it.
It also settles a related question about adverse possession: once that first breach happens, the person holding the land is treated as holding it adversely from that point on, even though later breaches occur too. That can matter for a possessor building a claim under other sections of this Article.
Frequently Asked Questions
How long after a condition subsequent is broken can the grantor sue to reclaim the land?
Seven years from when the condition was first broken.
If the condition is broken again years later, does that restart the 7-year clock?
No. Continuing, successive, or recurring breaches don't extend the time for commencing the action or making the entry.
What is a "condition subsequent" in this context?
A restriction in a grant of land that lets the grantor retake the property if the grantee violates a stated condition, distinct from title held outright and free of conditions.
When does the possessor's holding become "adverse" for limitations purposes under this section?
From the first breach of the condition, even if further breaches happen later.
What happens if the grantor waits more than 7 years to sue after the first breach?
The grantor is barred from suing to recover the land or from re-entering it.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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