If the premises are not occupied, the action shall be brought against some person exercising ownership on the premises claimed, or claiming title thereto, or some interest therein, at the commencement of the action.
6-107.Vacant land.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceDirects that when the premises are not occupied, the ejectment action must be brought against someone who is exercising ownership over the property or claiming title or an interest in it at the time the suit begins.
Full Text of 735 ILCS 5/6-107
Plain-English Summary
Not every disputed property has someone living on it or using it at the time a plaintiff wants to sue. This section supplies the rule for that situation. If the premises are unoccupied, the action must be brought against a person exercising ownership on the premises, or against a person claiming title or some interest in the property, rather than against an occupant who does not exist.
The timing point matters: the section measures who exercises ownership or claims title as of "the commencement of the action," so the plaintiff has to identify the right defendant based on the state of affairs when the suit is filed.
Together with 6-106, this section completes the pairing of possession status to proper defendant: an occupied property requires naming the occupant, while unoccupied land requires naming someone exercising ownership or asserting a claim to it.
Frequently Asked Questions
Who is the proper defendant when the land is vacant?
Someone exercising ownership on the premises, or someone claiming title or an interest in it, at the commencement of the action.
Does this section apply if the premises are occupied?
No. It applies specifically when the premises are not occupied; 6-106 governs occupied premises.
What time period matters for identifying the defendant?
The time the action is commenced, since the section measures who exercises ownership or claims title as of that point.
Can someone who merely claims an interest, without exercising ownership, be sued under this section?
Yes. The section allows the action to be brought against a person claiming title or some interest, as an alternative to a person exercising ownership.
Why would land be unoccupied but still be the subject of an ejectment suit?
The section does not explain why, but it recognizes that a dispute over title or the right to possess vacant land can still require identifying a proper defendant.
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: ejectment on unoccupied land illinoissuing for vacant land title illinoiswho to sue for vacant property ejectmentexercising ownership over vacant land