6-102.Interest in land.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/6-102
Plain-English Summary
This section widens the reach of ejectment beyond fee-simple owners. It lets the action recover "lands, tenements or hereditaments" on behalf of any person claiming an estate in the property, and it names three kinds of estate: a fee, a life estate, or an estate for a term of years.
It also names three routes by which a plaintiff might hold that estate: as an heir, as a legatee, or as a purchaser. Those categories cover property received through intestate succession, property left by will, and property acquired by ordinary sale or grant, so the source of the plaintiff's claim does not limit the action to one type of transaction.
The section works alongside 6-104, which separately requires that the plaintiff's interest be valid and subsisting at the time the action starts. This section defines the range of estates and origins that can support an ejectment claim in the first place; 6-104 tests whether the particular interest claimed holds up under proof.
Frequently Asked Questions
What kinds of estates can support an ejectment action under this section?
An estate in fee, an estate for life, or an estate for a term of years.
Does a plaintiff have to be the original owner to sue in ejectment?
No. The section lists heirs, legatees, and purchasers as valid routes to the estate being claimed.
What does "tenements or hereditaments" add to "lands"?
It broadens the property covered beyond land itself to include other real property interests traditionally described by those terms.
Does this section by itself guarantee a plaintiff can recover?
No. It defines who may bring the action based on the estate claimed; 6-104 separately requires a valid, subsisting interest at the time the action is commenced.
Can someone holding only a life estate use this action?
Yes. The section expressly includes a person claiming an estate for life along with those claiming a fee or a term of years.
Amendment History
(Source: P.A. 82-280.)