The right to make an entry or bring an action to recover land shall be deemed to have first accrued at the times respectively hereinafter provided: (a) When any person is wrongfully ousted from possession, his or her right of entry or of action shall be deemed to have accrued at the time of such wrongful ouster. (b) When he or she claims as heir or legatee of an owner in possession who died, his or her right shall be deemed to have accrued at the time of such death, unless there is an estate intervening after the death of such ancestor or testator; in which case his or her right shall be deemed to accrue when such intermediate estate expires, or when it would have expired by its own limitations. (c) When there is such an intermediate estate, and in all other cases when the party claims by force of any remainder or reversion, his or her right, so far as it is affected by the limitation herein prescribed, shall be deemed to accrue when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture thereof for which he or she might have entered at an earlier time.
13-106.Accrual of right of entry or to bring action.
Article XIII. Limitations · Part 1. Real Actions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLists the specific events that start the clock on a right to enter or sue for land, including wrongful ouster, an ancestor's death, expiration of an intervening estate, forfeiture, and a residual rule for every other situation.
Full Text of 735 ILCS 5/13-106
(d) Paragraph (c) of this Section shall not prevent a person from entering when entitled to do so by reason of any forfeiture or breach of condition; but if he or she claims under such a title, his or her right shall be deemed to have accrued when the forfeiture was incurred or the condition was broken.
(e) In all cases not otherwise specially provided for, the right shall be deemed to have accrued when the claimant, or the person under whom he or she claims, first became entitled to the possession of the premises under the title upon which the entry or the action is founded.
Plain-English Summary
A limitations period only means something once you know when the clock starts. Section 13-106 supplies that starting point for several common fact patterns. A wrongful ouster starts the clock immediately. A claim as heir or legatee of someone who died in possession starts the clock at death, unless there's an intervening estate, in which case it starts when that intervening estate would have expired by its own limitation.
Subsection (d) addresses forfeiture or breach of a condition specifically: someone entitled to enter for that reason has the right accrue at the moment of the forfeiture or the breach, not later, even where subsection (c)'s general rule about intermediate estates would otherwise point to a later date.
Subsection (e) is the residual rule. For any situation the earlier subsections don't cover, the right accrues when the claimant, or a predecessor, first became entitled to possession under the title on which the claim rests.
Frequently Asked Questions
When does the right to sue for land accrue after a wrongful ouster?
At the time of the wrongful ouster itself, under subsection (a).
If I claim land as an heir, when does my right to sue accrue?
At the death of the owner in possession, unless an intervening estate exists, in which case the right accrues when that intervening estate expires or would have expired by its own limitation.
How does this section treat a remainder or reversion claim?
Under subsection (c), the right accrues when the intermediate or precedent estate would have expired by its own limitation, even if it could have been forfeited at an earlier time.
How does forfeiture or breach of a condition affect accrual under subsection (d)?
The right accrues when the forfeiture was incurred or the condition was broken, rather than under the later-expiration rule in subsection (c).
What is the catch-all accrual rule in subsection (e)?
For situations the other subsections don't address, the right accrues when the claimant first became entitled to possession of the premises under the title on which the entry or action is founded.
Amendment History
(Source: P.A. 84-549.)
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
Also known as: when does statute of limitations start illinois real estateaccrual of right of entry illinoisillinois remainder reversion limitations accrualwrongful ouster limitations period illinois