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Illinois Compiled Statutes

735 ILCS 5/13-109 (2026)

Payment of taxes with color of title

✓ current as of May 2026
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(735 ILCS 5/13-109) (from Ch. 110, par. 13-109)
    Sec. 13-109. Payment of taxes with color of title. Except as provided in Section 13-109.1, every person in the actual possession of lands or tenements, under claim and color of title, made in good faith, and who for 7 successive years continues in such possession, and also, during such time, pays all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of such lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, legacy or descent, before such 7 years have expired, and who continue such possession, and continue to pay the taxes as above set forth so as to complete the possession and payment of taxes for the term above set forth, are entitled to the benefit of this Section.
(Source: P.A. 100-1048, eff. 8-23-18.)

    
Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 2005–2026 · leading case: People v. Moore, 2021 IL App (1st) 172811 (Ill. App. Ct. 2021).
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People v. Moore, 2021 IL App (1st) 172811 (Ill. App. Ct. 2021). “” Brown, 2017 IL App (1st) 142877, ¶ 41 ; see 735 ILCS 5/13-109 (West 2012); 735 ILCS 5/13-110 (West 2012).”
Malone v. Smith, 823 N.E.2d 1158 (Ill. App. Ct. 2005). · cites it 2× “When the ICR began to abandon portions of its right-of-way in the 1980s, William C. Edwards purchased a portion of the right-of-way as an investment.”
People v. Brown, 2017 IL App (1st) 142877 (Ill. App. Ct. 2017). “735 ILCS 5/13-109 (West 2012); Malone v. Smith, 355 Ill.”
Gurga v. Roth, 2011 IL App (2d) 100444 (Ill. App. Ct. 2011). “In her three-count complaint, Mary sought a resulting trust for the property (count I), a declaration to quiet title (count II), and/or ownership by adverse possession by payment of taxes with color to title (735 ILCS 5/13-109 (West 2008)) (count III).”
Davidson v. Perry, 898 N.E.2d 785 (Ill. App. Ct. 2008). “Regardless, like the trial court, we have addressed the 1977 survey and found it did not destroy exclusivity or hostility, and thus the 20-year period did not need to start in 1950 for plaintiffs to establish adverse possession. 4. Color of Title Defendants last assert a…”
McNeil v. Ketchens, 2011 IL App (4th) 110253 (Ill. App. Ct. 2011). “And he had no ownership interest in Tract A because he had not possessed it, without interruption, for seven years while paying the taxes thereon, as section 13-109 of the Code of Civil Procedure (735 ILCS 5/13-109 (West 1998)) required. McNeil, 397 Ill.”
Gurga v. Roth, 964 N.E.2d 134 (Ill. App. Ct. 2011). “In her three-count complaint, Mary sought a resulting trust for the property (count I), a declaration to quiet title (count II), and/or ownership by adverse possession by payment of taxes with color to title (735 ILCS 5/13-109 (West 2008)) (count III).”
Mcneil v. Ketchens, 964 N.E.2d 66 (Ill. App. Ct. 2011). · cites it 3× “Apparently, he intended to acquire ownership of Tract A through adverse possession, together with payment of taxes, for seven years (see 735 ILCS 5/13-109 (West 1998)). Id. at 381 , 341 Ill.”
People v. Moore, 2021 IL App (1st) 172811 (Ill. App. Ct. 2021). “” Brown, 2017 IL App (1st) 142877, ¶ 41 ; see 735 ILCS 5/13-109, 13-110 (West 2014). ¶ 208 Against that legal backdrop, a reasonable jury could have easily discredited defendant’s claim that he was merely attempting to engage in bona fide acquisitions of the properties via…”
Woodsides v. Rodley, 2020 IL App (5th) 190128-U (Ill. App. Ct. 2020). · cites it 5× “had the authority pursuant to Trust language to convey the real estate to Freda, their slander of title claim was not barred by the statute of limitations, they and their predecessors in title established ownership of the property pursuant to section 13-109 of the Illinois Code…”
Yakowenko v. Yakowenko, 2026 IL App (1st) 250710-U (Ill. App. Ct. 2026). · cites it 3× “735 ILCS 5/13-109 (West 2020). The named defendants filed their answer to the amended complaint, and Katherine thereafter filed an answer and affirmative defenses to the named defendants’ remaining declaratory judgment counterclaim.”
Malone v. Smith (Ill. App. Ct. 2005). · cites it 2× “When the ICR began to abandon portions of its right-of-way in the 1980s, William C. Edwards purchased a portion of the right-of-way as an investment.”
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