"Agricultural real estate" means real estate which is used primarily (i) for the growing and harvesting of crops, (ii) for the feeding, breeding and management of livestock, (iii) for dairying, or (iv) for any other agricultural or horticultural use or combination thereof, including without limitation, aquaculture, silviculture, and any other activities customarily engaged in by persons engaged in the business of farming.
15-1201.Agricultural Real Estate.
Article XV. Mortgage Foreclosure · Part 12. Definitions · Last amended 2007 · Last verified July 20, 2026
In one sentenceThis section defines “agricultural real estate” as land used mainly for crops, livestock, dairying, or other agricultural or horticultural purposes, including aquaculture and silviculture.
Full Text of 735 ILCS 5/15-1201
Plain-English Summary
Section 15-1201 defines agricultural real estate by primary use rather than by zoning label or lot size. Qualifying uses include growing and harvesting crops; feeding, breeding, and managing livestock; dairying; and any other agricultural or horticultural use, expressly including aquaculture and silviculture and any activity customarily carried on by people in the farming business.
The definition's main role in the Article surfaces in Section 15-1219, which excludes a single tract of agricultural real estate larger than 40 acres from the definition of residential real estate, even if a home sits on it. That exclusion affects which foreclosure protections and procedures apply to the property.
Frequently Asked Questions
What uses qualify land as agricultural real estate under this Article?
Growing and harvesting crops, feeding, breeding, and managing livestock, dairying, and any other agricultural or horticultural use, including aquaculture and silviculture.
Does the definition include aquaculture or silviculture?
Yes, the statute names both without limitation, alongside other activities customarily engaged in by people in the business of farming.
Why does this definition matter in a foreclosure case?
It determines whether land counts as agricultural real estate for purposes of the acreage-based exclusion from residential real estate in Section 15-1219.
How does this definition interact with residential real estate?
Section 15-1219 excludes a single tract of agricultural real estate over 40 acres from qualifying as residential real estate, regardless of any home on it.
Does this section itself set an acreage threshold?
No. Section 15-1201 defines the use-based category; the 40-acre threshold appears separately in Section 15-1219.
Amendment History
(Source: P.A. 95-331, eff. 8-21-07.)
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
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