13-112.Minors and persons under legal disability.
Article XIII. Limitations · Part 1. Real Actions · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/13-112
Plain-English Summary
Limitations periods assume the person entitled to sue is free to act on that right. Section 13-112 tolls that assumption for people who, when their right to enter or sue first accrued, were a minor, under legal disability, imprisoned, or absent from the United States in government service. They, or anyone claiming through them, get 2 years after the disability lifts to act, even past whatever the general deadline would otherwise have been.
The tolling isn't unlimited. It exists specifically for the people the statute names, tied to their status at the moment the right accrued. And the statute again carves out the 40-year marketable-title sections: this 2-year disability extension doesn't reach Sections 13-118 through 13-121.
Frequently Asked Questions
How much extra time does a minor get to sue for land under this section?
Two years after the disability of minority, or another qualifying disability, is removed, even if the general limitations period has already expired.
Which disabilities qualify for this extension?
Being a minor, under legal disability, imprisoned, or absent from the United States in government service, at the time the right first accrued.
Can only the disabled person use this extended time?
No. Anyone claiming from, by, or under that person can also make the entry or bring the action within the 2-year window.
Does this 2-year disability extension apply to the 40-year marketable-title claims?
No. The statute expressly excludes Sections 13-118 through 13-121 from this exception.
When is the disability measured under this section?
At the time the right of entry or action first accrued, not at the time suit is later filed.
Amendment History
(Source: P.A. 82-280.)