The heirs, legatees and assigns of the person having such title and possession, shall have the same benefit of the preceding Section as the person from whom the possession is derived.
13-108.Right extended to heirs.
Article XIII. Limitations · Part 1. Real Actions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceGives the heirs, legatees, and assigns of someone who qualifies under Section 13-107 the same shortened, 7-year limitations benefit that the original possessor already earned through possession and record title.
Full Text of 735 ILCS 5/13-108
Plain-English Summary
Section 13-107's 7-year color-of-title period isn't personal to the original possessor. Section 13-108 passes that benefit along to whoever inherits, receives by will, or otherwise takes an assignment of the interest; they step into the same limitations position the original holder occupied.
In practice, this means the clock a predecessor already ran doesn't reset just because the land changes hands through inheritance or assignment. The successor picks up wherever the predecessor left off.
Frequently Asked Questions
Do heirs get their own fresh 7-year period under Section 13-107?
No. Section 13-108 gives them "the same benefit," meaning they continue the predecessor's existing period rather than starting a new one.
Who besides heirs benefits from this section?
Legatees and assigns of the person holding the qualifying title and possession under Section 13-107.
What section establishes the underlying benefit this section extends?
Section 13-107, the 7-year rule for possession under record title deducible from the State, the United States, a tax sale, or a judgment-enforcement sale.
Does this section create an independent limitations period of its own?
No. It extends an existing benefit to successors rather than setting a new time limit.
Why does the statute need a separate section for this?
To make clear the Section 13-107 benefit survives a transfer of the property rather than expiring with the original possessor.
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
Also known as: illinois heirs statute of limitations real propertydoes adverse possession clock transfer to heirs illinoisillinois assigns benefit seven year possession