13-103.Termination of estate upon limitation.
Article XIII. Limitations · Part 1. Real Actions · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/13-103
Plain-English Summary
Some grants of land are written to end automatically once a stated event happens, rather than needing anyone to declare a breach - an "estate upon limitation" or an "estate upon conditional limitation." Section 13-103 sets the clock for asserting rights once that happens: 7 years from the termination itself.
The distinction from Section 13-102 matters because the two estate types work differently under property law. One ends on its own at the stated event; the other requires the grantor to act on a breach of a condition. The legislature gave both the same 7-year period, just computed from different triggering events.
Frequently Asked Questions
How long is the limitations period after an estate upon limitation ends?
Seven years after the termination of the estate.
What's the difference between an estate "upon limitation" and a "condition subsequent" for this Article's purposes?
An estate upon limitation ends automatically once the stated event occurs; a condition subsequent instead gives the grantor a right to re-enter after a breach. Section 13-103 covers the first; Section 13-102 covers the second.
Does Section 13-104 change this 7-year period for mortgages or leases?
Yes. Section 13-104 makes clear that nothing in Sections 13-102 and 13-103 affects the separate time limits for enforcing rights under a mortgage or lease.
When does the 7-year clock in Section 13-103 start running?
At the termination of the estate, not at some later date when someone discovers or asserts the claim.
What happens if no one asserts a claim within the 7 years?
The right to recover the land or to re-enter it is barred.
Amendment History
(Source: P.A. 82-280.)