Sections 13-118 through 13-121 of this Act shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in Section 13-118 of this Act, subject to such limitations as appear in Section 13-120 of this Act. The claims extinguished by Sections 13-118 through 13-121 of this Act include any and all interests of any nature whatsoever, however denominated, whether vested or contingent, whether present or future, whether such claims are asserted by a person sui juris or under disability or might be asserted by a person not yet in being, whether such person be within or without the State, and whether such person be natural or corporate, or private or governmental. Except as otherwise provided in Sections 13-118 through 13- 121 of this Act, the rule that the State of Illinois is not bound by acts of limitations shall not apply to Sections 13-118 through 13-121 of this Act, and these Sections shall serve to bar any right, title, interest or lien in land which the State of Illinois or any department, commission or political subdivision thereof would otherwise have.
13-121.Construction.
Article XIII. Limitations · Part 1. Real Actions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceDirects courts to construe the 40-year marketable-title provisions liberally to simplify land title transactions, and makes clear the Act extinguishes nearly any claim, even ones the State of Illinois would otherwise hold.
Full Text of 735 ILCS 5/13-121
Plain-English Summary
Section 13-121 tells courts how to read Sections 13-118 through 13-121 as a whole: liberally, in service of the legislature's goal of letting people rely on a 40-year record chain of title, subject only to the specific carve-outs in Section 13-120.
It defines the sweep of what gets extinguished in broad terms: any interest, however described, vested or contingent, present or future, whether the claimant is an adult, a person under a disability, or not yet born, whether inside or outside Illinois, and whether natural, corporate, private, or governmental.
That last category matters. Illinois ordinarily isn't bound by statutes of limitations the way private parties are, but this section says that general rule doesn't apply here; the State's own rights, titles, interests, or liens in land can be barred under these sections just like anyone else's, except where the sections themselves say otherwise.
Frequently Asked Questions
How are courts told to interpret the 40-year marketable-title provisions?
Liberally, to effect the legislative purpose of simplifying and facilitating land title transactions by letting people rely on a 40-year record chain of title.
Does the Act extinguish contingent or future interests, not just present ones?
Yes. The statute lists vested or contingent, present or future interests among those barred.
Can the State of Illinois's own land interests be barred under this Act?
Yes. The section says the usual rule that Illinois isn't bound by limitations statutes doesn't apply here, except as the sections themselves otherwise provide.
Does it matter whether a claimant is a person or a corporation?
No. The Act reaches claims whether held by a natural or corporate claimant, and whether private or governmental.
What section lists the exceptions to this broad extinguishment?
Section 13-120.
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 marketable title act liberal constructiondoes illinois state exempt from statute of limitations land40 year act extinguishment scope illinois