ILCS » Chapter 765 · Act 5
Illinois Compiled Statutes

765 ILCS 5/1 (2026)

Livery of seizin shall in no case be necessary for the conveyance of real property; but every deed, mortgage or other conveyance in writing, not procured by duress, and signed by the party making the same, the maker or makers being of full age and sound mind, shall be sufficient, without livery of seizin, for the giving, granting, selling, mortgaging, leasing or otherwise conveying or transferring any lands, tenements or hereditaments in this state, so as, to all intents and purposes, absolutely and fully to vest in every donee, grantee, bargainee, mortgagee, lessee or purchaser, all such estate or estates as shall be specified in any such deed, mortgage, lease or other conveyance

✓ current as of May 2026
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(765 ILCS 5/1) (from Ch. 30, par. 1)
    Sec. 1. Livery of seizin shall in no case be necessary for the conveyance of real property; but every deed, mortgage or other conveyance in writing, not procured by duress, and signed by the party making the same, the maker or makers being of full age and sound mind, shall be sufficient, without livery of seizin, for the giving, granting, selling, mortgaging, leasing or otherwise conveying or transferring any lands, tenements or hereditaments in this state, so as, to all intents and purposes, absolutely and fully to vest in every donee, grantee, bargainee, mortgagee, lessee or purchaser, all such estate or estates as shall be specified in any such deed, mortgage, lease or other conveyance. Nothing herein contained shall be so construed as to divest or defeat the older or better estate or right of any person or persons, not party to any such deed, mortgage, lease, or other conveyance.
(Source: P.A. 80-660.)

    
Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 2000–2022 · leading case: The City of Virginia v. Mitchell, 2013 IL App (4th) 120629 (Ill. App. Ct. 2013).
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The City of Virginia v. Mitchell, 2013 IL App (4th) 120629 (Ill. App. Ct. 2013). · cites it 2× “The Swan Deed Was Evidence of Ownership ¶ 29 Section 1 of the Illinois Conveyances Act (Conveyances Act) (765 ILCS 5/1 (West 2010)) outlines the minimum requirements necessary for a deed to pass title: “[E]very deed, mortgage or other conveyance in writing, not procured by…”
Aames Capital Corp. v. Interstate Bank of Oak Forest, 734 N.E.2d 493 (Ill. App. Ct. 2000). “The perfection of mortgage liens is governed also by the Conveyances Act (765 ILCS 5/1 et seq. (West 1996)). Section 28 of the Conveyances Act provides that deeds, mortgages, and other instruments relating to or affecting the title to real estate shall be recorded in the county…”
Fed. Nat'l Mortg. Ass'n v. Kuipers, 732 N.E.2d 723 (Ill. App. Ct. 2000). “The perfection of mortgage liens is governed also by the Conveyances Act (765 ILCS 5/1 et seq. (West 1996)). Section 28 of the Conveyances Act provides that deeds, mortgages, and other instruments relating to or affecting the title to real estate shall be recorded in the county…”
Dempsey v. Dempsey, 795 N.E.2d 996 (Ill. App. Ct. 2003). “Throughout the nineteenth century, many states enacted legislation that abolished the fee tail estate. C. Moynihan, Real Property 41-43 (1962).”
Ramsey Herndon LLC v. Whiteside, 2017 IL 121668 (Ill. 2017). “765 ILCS 5/1 (West 2014) ; cf. Western Metals Co.”
In re: Est. of Weiland, 338 Ill. App. 3d 585 (Ill. App. Ct. 2003). “e is authorized to amend or revoke the Totten Trusts set forth in the petition to the extent necessary to provide increased income to the estate and to provide funds necessary for the care, management and investment of the estate, protective of any beneficiary contingent…”
AS 1, LLC v. Celtic Home Solutions, LLC, 2022 IL App (1st) 220485 (Ill. App. Ct. 2022). “¶ 32 The Conveyances Act (Act) (765 ILCS 5/1 et seq. (West 2020)) codifies the common law rule.”
Stump v. Swanson Dev. Co., 2014 IL App (3d) 110784 (Ill. App. Ct. 2014). “” The bank also argues that finding a vendor’s lien in this case would change existing law and eviscerate the Conveyances Act (765 ILCS 5/1 et seq. (West 2010)). ¶ 77 Over more than a century of consideration, the case law concerning vendor’s liens has become complex and…”
Stump v. Swanson Dev. Co., 2014 IL App (3d) 110784 (Ill. App. Ct. 2014). “” The bank also argues that finding a vendor’s lien in this case would change existing law and eviscerate the Conveyances Act (765 ILCS 5/1 et seq. (West 2010)). ¶ 77 Over more than a century of consideration, the case law concerning vendor's liens has become complex and…”
In re Est. of Fountaine, 2020 IL App (1st) 190289-U (Ill. App. Ct. 2020). “765 ILCS 5/1 (West 2016); see In re Estate of Shedrick, 122 Ill.”
Grochocinski v. Panzarino (In Re Panzarino), 469 B.R. 286 (Bankr. N.D. Ill. 2012). “Conventional Subrogation Litton also argues that the doctrine of conventional subrogation applies to protect the Fremont lien from avoidance under § 547(b).”
Dempsey v. Dempsey (Ill. App. Ct. 2003). “The Illinois legislature abolished the fee tail in 1827 when it passed the Illinois Conveyances Act (765 ILCS 5/1 et. seq). See Moore v. Reddel , 259 Ill.”
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