13-114.Seventy-five year limitation.
Article XIII. Limitations · Part 1. Real Actions · Last amended 2015 · Last verified July 20, 2026
Full Text of 735 ILCS 5/13-114
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.)