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6-141.Notice of adverse claim.

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

In one sentenceDescribes how notice of an adverse claim to land is given -- by filing suit or by delivering an attested copy of the entry, survey, or patent -- sets a one-year filing deadline for delivered notice, and caps what a better title holder owes for post-notice improvements.

Full Text of 735 ILCS 5/6-141

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Notice of any adverse claim or title to the land within the meaning of this Article is to be given by bringing an action for the same, by the one or the other of the parties, and may hereafter be given by bringing an action, as above provided, or by delivering an attested copy of the entry, survey or patent, from which he or she derives his or her title or claim, or leaving any such copy with the party or the spouse of such party. Notice given by the delivery of an attested copy, as above set out, is void, unless an action is filed within one year thereafter. In no case shall the proprietor of the better title be obliged to pay to the occupying claimant, for improvements made after notice, more than what is equal to the rents and profits above set forth.

Plain-English Summary

Because 6-140's protection for a good-faith occupant runs only until actual notice of an adverse claim arrives, this section defines what counts as that notice. Notice of an adverse claim or title within the meaning of Article VI is given by bringing an action for the property, by either party, or by delivering an attested copy of the entry, survey, or patent from which the notifying party derives title or claim, delivered to the other party or to that party's spouse.

Notice given by delivering an attested copy carries its own time limit: it is void unless an action is filed within one year after that delivery. Notice by filing suit does not carry the same one-year condition described for delivered copies, since the suit itself is the action.

The section closes with a cap tied back to 6-140's rents-and-profits ceiling. In no case is the holder of the better title obliged to pay an occupying claimant, for improvements made after notice, more than an amount equal to the rents and profits described in the preceding section. Even after notice cuts off the occupant's broader exemption, the better-title holder's exposure for the occupant's post-notice improvements has a defined outer limit.

Frequently Asked Questions

What are the two ways notice of an adverse claim can be given?

By bringing an action for the property, or by delivering an attested copy of the entry, survey, or patent from which the notifying party derives title, to the other party or that party's spouse.

Does notice given by delivering an attested copy last indefinitely?

No. It is void unless an action is filed within one year after the delivery.

What is the cap on what the better-title holder owes for post-notice improvements?

No more than an amount equal to the rents and profits described in 6-140.

How does this section connect to 6-140's exemption?

6-140 exempts a good-faith occupant from liability for rents and profits accrued before actual notice; this section defines how that notice is given and caps liability for improvements made after it.

Who can receive delivered notice on behalf of the party being notified?

The party themselves, or that party's spouse, may be given the attested copy.

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: notice of adverse claim illinois ejectmentattested copy of entry survey or patentone year deadline adverse claim noticecap on improvements owed occupying claimant