ILCS » Chapter 765 · Act 5
Illinois Compiled Statutes

765 ILCS 5/7 (2026)

If any person shall sell and convey to another, by deed or conveyance, purporting to convey an estate in fee simple absolute, in any tract of land or real estate, lying and being in this state, not then being possessed of the legal estate or interest therein at the time of the sale and conveyance, but after such sale and conveyance the vendor shall become possessed of and confirmed in the legal estate to the land or real estate so sold and conveyed, it shall be taken and held to be in trust and for the use of the grantee or vendee; and the conveyance aforesaid shall be held and taken, and shall be as valid as if the grantor or vendor had the legal estate or interest, at the time of said sale or conveyance

✓ current as of May 2026
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(765 ILCS 5/7) (from Ch. 30, par. 6)
    Sec. 7. If any person shall sell and convey to another, by deed or conveyance, purporting to convey an estate in fee simple absolute, in any tract of land or real estate, lying and being in this state, not then being possessed of the legal estate or interest therein at the time of the sale and conveyance, but after such sale and conveyance the vendor shall become possessed of and confirmed in the legal estate to the land or real estate so sold and conveyed, it shall be taken and held to be in trust and for the use of the grantee or vendee; and the conveyance aforesaid shall be held and taken, and shall be as valid as if the grantor or vendor had the legal estate or interest, at the time of said sale or conveyance.
(Source: Laws 1871-2, p. 282.)

    
Notes of Decisions
Cited in 5 cases, 2008–2019 · leading case: Trust Co. of Illinois v. Kenny, 2019 IL App (1st) 172913 (Ill. App. Ct. 2019).
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Trust Co. of Illinois v. Kenny, 2019 IL App (1st) 172913 (Ill. App. Ct. 2019). · cites it 3× “765 ILCS 5/7 (West 2016). Additionally, the circuit court found that all attempts by the Ruzickas to convey the Property subsequent to the 1981 Deed were made without legal authority.”
Trust Co. of Illinois v. Kenny, 2019 IL App (1st) 172913 (Ill. App. Ct. 2019). · cites it 3× “765 ILCS 5/7 (West 2016). Additionally, the circuit court found that all attempts by the Ruzickas to convey the Property subsequent to the 1981 Deed were made without legal authority.”
Harris v. Adame, 2015 IL App (1st) 123306 (Ill. App. Ct. 2016). “Adame asserts that when Arthur conveyed his one-half interest in 2005 and later inherited Arnold’s one-half interest as -8- Arnold’s surviving heir in 2006, this resulted in Adame acquiring equitable title in fee simple under the after-acquired title doctrine (765 ILCS 5/7 (West…”
Harris v. Adame, 2015 IL App (1st) 123306 (Ill. App. Ct. 2015). “Adame asserts that when Arthur conveyed his one-half interest in 2005 and later inherited Arnold's one-half interest as Arnold's surviving heir in 2006, this resulted in Adame acquiring equitable title in fee simple under the after-acquired 14 1-12-3306 & 1-12-3307…”
United States v. Henderson, 580 F. Supp. 2d 669 (N.D. Ill. 2008). “765 ILCS 5/7 provides that "[i]f any person shall sell and convey to another, by deed or conveyance, purporting to convey an estate in fee simple absolute, in any tract of land of real estate, lying and being in this state, not then being possessed of the legal estate or…”
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