What to Do if Someone is Using Adverse Possession Against You

 Posted on January 29, 2025 in Real Estate

Owning real estate can come with an array of issues – many you have likely never even thought of. Imagine if you own a property that has been vacant for a while. Perhaps it is located a couple of hours away from you, and you do not visit it often. Then, one day, you show up at the property to ensure everything is as it should be, only to be met by people who apparently are living on your property. They claim the property is theirs through adverse possession.

Things become heated, and you call law enforcement, only to find that getting these "squatters" off your property may not be as easy as you might think. The laws of adverse possession require many years of occupation of a property, along with other requirements, plus the state of Illinois has recently made it easier for property owners to have squatters removed legally. Take a breath, then contact an experienced Cook County, IL real estate attorney.

Is There a Difference Between Trespassers and Squatters?

While it seems like there is no difference between a trespasser and a squatter, there are a few key differences. A trespasser enters your property without permission, with no intention of staying on the property. A police officer can cite a trespasser and remove him or her when requested to do so by the owner of the property. A trespasser can face up to three years in jail, assessed fines as large as $2,500, and ordered to participate in community service.

Even though squatting is a form of trespassing, a squatter enters an unoccupied property with no permission from the owner and intends to reside there long-term. Established squatters can be considerably more challenging to remove than trespassers. Because of this, it is important that property owners remain vigilant regarding their real estate, contacting a police officer the moment a trespasser is seen on the property.

What Are the Laws of Adverse Possession?

Every state has different adverse possession laws. To be successful in Illinois, adverse possession must have all of the following elements:

•  Squatters must be uninvited and unwelcome without permission from the owner to stay on the property. If you allowed your Aunt Ruth to move into the property years ago because you felt sorry for her, but now she is filing an adverse possession claim against you, you could have a problem.
• The occupation by the squatter must be continuous, meeting one of the following requirements: Two years of occupation of the property, with possession of an invalid title that appears genuine from a judicial foreclosure sale and paid property taxes for those two years; seven consecutive years of occupation and possession of a record title; seven consecutive years of occupation, possession of a color of title (invalid title that looks real), and paid property taxes; or 20 consecutive years of occupation.
•  Occupation of the property must be out in the open rather than secretive.
• Squatters who apply for adverse possession must act like the rightful owners of the property and must be the only people occupying the property.
• In some situations, property taxes must have been paid.

When all these conditions are met, an Illinois squatter may be eligible to claim a property as his or her own through the laws of adverse possession.

Can You Have a Squatter Removed to Avoid Adverse Possession?

You must issue the squatters a five-day Notice to Vacate. If they refuse to leave, you will be forced to file an eviction lawsuit with the courts. If you do not want to go through the headaches of a lawsuit, you might try offering the squatters money to vacate the property. This is known as "cash-for-keys" and could be faster and more affordable than a lawsuit. You cannot forcibly remove squatters from your property.  

Contact a DuPage County, IL Real Estate Attorney

If you are facing an adverse possession issue, you need a strong, experienced Cook County, IL real estate lawyer from Whitacre & Stefanczuk LTD. We are very communicative with our clients because we want them to be comfortable. We are active in the Polish Community, and one of our attorneys speaks fluent Polish. Call 773-622-6100 to schedule your free consultation.