No person shall recover in ejectment unless he or she has, at the time of commencing the action, a valid subsisting interest in the premises claimed, and a right to recover the same, or to recover the possession thereof, or of some share, interest or portion thereof, to be proved and established at the trial.
6-104.Interest of plaintiff.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceBars recovery in ejectment unless the plaintiff holds a valid, subsisting interest in the property, and a right to recover it or a share of it, at the time the action is filed, to be proved at trial.
Full Text of 735 ILCS 5/6-104
Plain-English Summary
This section sets the baseline requirement for every ejectment plaintiff regardless of the kind of estate claimed. Recovery is unavailable unless the plaintiff had "a valid subsisting interest in the premises claimed, and a right to recover the same" at the moment the action was commenced.
The interest need not cover the whole property. The section extends the same requirement to "some share, interest or portion" of the premises, so a plaintiff seeking only a fraction of the property must still hold a valid interest in that fraction as of the filing date.
Timing and proof both matter. The interest has to exist when the action starts, not merely by the time of trial, and the section requires that interest "be proved and established at the trial" rather than presumed from the pleadings. This section works with 6-102, which defines the kinds of estates that qualify, by adding the further conditions of timing and proof that any of those estates must satisfy.
Frequently Asked Questions
When must the plaintiff's interest exist?
At the time of commencing the action, not merely by the time of trial.
Does the plaintiff need to own the whole property to recover?
No. The section allows recovery of some share, interest, or portion of the premises, so long as the plaintiff has a valid subsisting interest in that portion.
Is alleging a valid interest in the complaint enough?
No. The section requires the interest and the right to recover to be proved and established at trial.
What happens if the plaintiff's interest ends after the action is filed but before trial?
This section sets the requirement at commencement; 6-127 separately addresses what happens if the plaintiff's right expires or the plaintiff's title terminates before trial.
How does this section relate to the estates listed in 6-102?
6-102 defines which kinds of estates and origins qualify a person to sue; this section adds the further requirements that the interest be valid, subsisting, and proved at trial.
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: valid subsisting interest ejectment illinoisproving title at trial ejectmentstanding to sue in ejectmentburden of proof plaintiff ejectment illinois