Except as provided in Section 13-109.1, every person in the actual possession of lands or tenements, under claim and color of title, made in good faith, and who for 7 successive years continues in such possession, and also, during such time, pays all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of such lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, legacy or descent, before such 7 years have expired, and who continue such possession, and continue to pay the taxes as above set forth so as to complete the possession and payment of taxes for the term above set forth, are entitled to the benefit of this Section.
13-109.Payment of taxes with color of title.
Article XIII. Limitations · Part 1. Real Actions · Last amended 2018 · Last verified July 20, 2026
In one sentenceMakes someone the legal owner of land, up to the extent of their paper title, after 7 straight years of actual possession under good-faith color of title while paying all taxes legally assessed on it.
Full Text of 735 ILCS 5/13-109
Plain-English Summary
This is Illinois's color-of-title-plus-taxes rule. A person who possesses land under a claim and color of title made in good faith, and who both stays in actual possession and pays every tax legally assessed for 7 consecutive years, is adjudged the legal owner, not merely protected from suit, but recognized as owner to the extent of the paper title.
The benefit carries forward to successors. Anyone who takes over that possession by purchase, legacy, or descent before the 7 years run, and who keeps up both the possession and the tax payments through the full term, gets the same result.
Section 13-109.1 splits off a 2-year version of this same mechanism for possessors whose color of title comes from a judicial foreclosure sale.
Frequently Asked Questions
How many years of possession and tax payments does Section 13-109 require?
Seven successive years of actual possession under good-faith color of title, paying all taxes legally assessed during that time.
What does a possessor gain after completing the 7 years under this section?
They are held and adjudged the legal owner, to the extent and according to the purport of their paper title.
Can a successor who buys or inherits the property mid-stream still qualify?
Yes, as long as they continue both the possession and the tax payments through the remainder of the 7-year term.
What happens if the possessor misses a tax payment during the 7 years?
The section requires continuous payment of all taxes legally assessed during the full term, so an unbroken record of payment appears necessary to complete the claim.
Does this section apply if the title comes from a judicial foreclosure sale?
No. That situation is covered separately, on a shorter 2-year timetable, by Section 13-109.1.
Amendment History
(Source: P.A. 100-1048, eff. 8-23-18.)
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 color of title tax payment adverse possessionseven year tax payment ownership illinoisillinois pay taxes become owner statute