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6-101.Bringing action.

Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026

In one sentencePreserves ejectment as the long-recognized action to recover possession of real property, brought in the cases and manner traditionally used, but now folded into and governed by the specific rules of Article VI.

Full Text of 735 ILCS 5/6-101

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An action of ejectment may be brought in the cases and manner heretofore accustomed, subject to the provisions contained in Article VI of this Act.

Plain-English Summary

Ejectment is one of the oldest actions in property law: a lawsuit to recover possession of land from someone who holds it without right. This section keeps that action alive in Illinois rather than replacing it with something new. It says ejectment may be brought "in the cases and manner heretofore accustomed," which ties the modern action back to the categories of claims and the kind of proof that have always supported an ejectment suit.

That backward-looking grant comes with a forward-looking limit. The action is "subject to the provisions contained in Article VI," so the sections that follow define how ejectment now works inside Illinois's civil procedure system: who can sue, what a complaint must say, how proof and verdicts work, and what a judgment does. Article VI supplies the modern scaffolding around an old cause of action.

Read together with the rest of the Article, this section functions as a bridge. It tells a court that ejectment remains available for the traditional wrongs it has always reached, while directing that court to Article VI, not to unwritten common-law practice, for the procedural rules that now control the suit.

Frequently Asked Questions

What does this section authorize?

It authorizes an action of ejectment in the cases and manner traditionally used, while subjecting that action to the specific rules set out in Article VI.

Does this section replace the historical ejectment action with something new?

No. It keeps ejectment available for the same kinds of claims it has long covered, and layers Article VI's procedural rules on top of it.

Where do the detailed rules for an ejectment suit appear?

In the rest of Article VI, which covers standing, pleading, proof, verdicts, judgments, and mesne profits.

Is ejectment the same thing as a forcible entry and detainer action?

No. This section addresses ejectment, a separate action from forcible entry and detainer, which Illinois governs under a different Article of this Code.

Who would use an ejectment action instead of another remedy?

Someone who claims a right to possess real property currently held by another person without that person's consent, as described in the sections that follow.

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
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