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13-114.Seventy-five year limitation.

Article XIII. Limitations · Part 1. Real Actions · Last amended 2015 · Last verified July 20, 2026

In one sentenceStrips documents, facts, and events touching real-estate title of any legal effect once they're more than 75 years old, measured from July 1, 1872, or later, unless someone files a written claim preserving them within specific windows.

Full Text of 735 ILCS 5/13-114

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No deed, will, estate, proof of heirship, plat, affidavit or other instrument or document, or any court proceeding, order or judgment, or any agreement, written or unwritten, sealed or unsealed, or any fact, event, or statement, or any part or copy of any of the foregoing, relating to or affecting the title to real estate in the State of Illinois, which happened, was administered, or was executed, dated, delivered, recorded or entered into more than 75 years prior to July 1, 1872, or such subsequent date as the same is offered, presented, urged, claimed, asserted, or appears against any person hereafter becoming interested in the title to any real estate, or to any agent or attorney thereof, shall adversely to the party or parties hereafter coming into possession of such real estate under claim or color of title or persons claiming under him, her or them, constitute notice, either actual or constructive of any right, title, interest or claim in and to such real estate, or any part thereof, or be, or be considered to be evidence or admissible in evidence or be held or urged to make any title unmarketable in part or in whole, or be required or allowed to be alleged or proved as a basis for any action, or any statutory proceeding affecting directly or indirectly the title to such real estate.
The limitation of this Section, however, shall be deferred from and after the expiration of such 75 year period for an additional period of 10 years, if a claim in writing in and to real estate therein particularly described, incorporating the terms or substance of any such deed, will, estate, proof of heirship, plat, affidavit, or other instrument or document, or any court proceeding, order or judgment or any agreement, written or unwritten, sealed or unsealed, or any fact, event or statement, or any part or copy thereof in such claim, is filed in the office of the recorder in the county or counties in which such real estate is located:
1. within 3 years prior to the expiration of such 75 year period; or
2. after the expiration of such 75 year period, by a minor or a claimant under a legal disability who became under such disability during such 75 year period and within 2 years after the disability of such minor or of the claimant a under legal disability has been removed; or
3. after the expiration of such 75 year period, by a guardian of a minor or person who was determined by a court to be under a legal disability during such 75 year period and within 2 years after such guardian has been appointed for such minor or person under a legal disability.
The provisions of this Section shall not apply to or operate against the United States of America or the State of Illinois or any other state of the United States of America; or as to real estate held for a public purpose by any municipality or other political subdivision of the State of Illinois; or against any person under whom the party or parties in possession during the period herein permitted for reassertion of title claim by lease or other privity of contract; or against any person who during the entire period herein permitted for reassertion of title, or prior thereto, has not had the right to sue for and protect his or her claim, interest or title.

Plain-English Summary

This section is Illinois's ancient-records cutoff for real-estate title. Once a deed, will, court proceeding, agreement, fact, or event bearing on title to land passes the 75-year mark, counted from July 1, 1872, or from the date it's later invoked, if later, it stops working: it can't serve as notice, can't come into evidence, can't be used to call title unmarketable, and can't support any action or proceeding affecting the property.

That cutoff isn't absolute. Filing a written claim describing the real estate and incorporating the old document or fact defers the cutoff for another 10 years, if filed within 3 years before the 75-year period would otherwise expire, or, for a minor or a person under legal disability, within 2 years after that disability ends, or by a guardian within 2 years of being appointed.

The section doesn't reach every interest. It carves out the United States, Illinois, other states, land held for a public purpose by a municipality or subdivision, the person from whom a party in possession holds by lease or other privity of contract (for example, their landlord), and anyone who never had the chance to sue and protect their claim during the relevant period.

Frequently Asked Questions

How old must a document or fact be before Section 13-114 cuts off its legal effect on real-estate title?

More than 75 years, counted from July 1, 1872, or from whatever later date it's offered or asserted.

Can someone preserve an old claim past the 75-year mark?

Yes, by filing a written claim describing the real estate and incorporating the old document or fact, within 3 years before the 75-year period ends, which defers the cutoff another 10 years.

What extra time does a minor or disabled claimant get under this section?

Two years after removal of the disability, if it arose during the 75-year period, or 2 years for a guardian appointed for such a person, running from the date of appointment.

Does this section apply to land the government owns for a public purpose?

No. It excludes the United States, Illinois, other states, and land held for a public purpose by a municipality or other political subdivision.

What can no longer be used once the 75-year, or extended, period expires?

The old deed, will, court order, agreement, fact, or event can't serve as notice, can't be evidence, can't make title unmarketable, and can't support an action affecting the real estate's title.

Amendment History

(Source: P.A. 99-143, eff. 7-27-15.)

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 75 year old title records real estateancient documents real estate title illinoisillinois marketable title 75 year rule