Chapter 765 — PROPERTY

(765 ILCS 5/0.01) (from Ch. 30, par. 0.01) Sec. 0.01. Short title. This Act may be cited as the Conveyances Act. (Source: P.A. 86-1324.)

(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 …

(765 ILCS 5/10) (from Ch. 30, par. 9) Sec. 10. Quitclaim deeds may be, in substance, in the following form: The grantor (here insert grantor's name or names and place of residence), for the consideration of (here insert consideration), convey and quit claim to (here insert grante…

(765 ILCS 5/11) (from Ch. 30, par. 10) Sec. 11. (a) Mortgages of lands may be substantially in the following form: The Mortgagor (here insert name or names), mortgages and warrants to (here insert name or names of mortgagee or mortgagees), to secure the payment of (here recite th…

(765 ILCS 5/12) (from Ch. 30, par. 11) Sec. 12. In deeds made by sheriffs, guardians, administrators, executors, trustees, commissioners, or other persons, under and by virtue of any judgment, order or proceeding of any court, it shall be unnecessary to copy any such judgment, or…

(765 ILCS 5/13) (from Ch. 30, par. 12) Sec. 13. Every estate in lands which is granted, conveyed or bequeathed, although other words heretofore necessary to transfer an estate of inheritance is not added, shall be deemed a fee simple estate of inheritance, if a less estate is not…

(765 ILCS 5/14) (from Ch. 30, par. 13) Sec. 14. When an estate hath been, or shall be, by any conveyance limited in remainder to the son or daughter, or to the use of the son or daughter of any person to be begotten, such son or daughter, born after the decease of his or her fath…

(765 ILCS 5/15) (from Ch. 30, par. 14) Sec. 15. Purchasers of school or canal lands or town lots may, by indorsement in writing on their certificates of purchase, transfer and assign all right and title to the lands or lots purchased, or transfers or assignments of such certifica…

(765 ILCS 5/16) (from Ch. 30, par. 15) Sec. 16. The county board of any county may authorize any officer or member of its board to execute and deliver all deeds, grants, conveyances and other instruments in writing, which may become necessary in selling, transferring or conveying…

(765 ILCS 5/19) (from Ch. 30, par. 18) Sec. 19. The acknowledgment or proof of any deed, mortgage, conveyance, power of attorney, or other writing of or relating to the sale, conveyance, or other disposition of lands or real estate, or any interest therein, by a married person, m…

(765 ILCS 5/2) (from Ch. 30, par. 2) Sec. 2. Every estate, gift, grant, deed, mortgage, lease, release, or confirmation of lands, tenements, rents, services or hereditaments made or had, or hereafter to be made or had, by any person or persons, being of full age and sound mind, a…

(765 ILCS 5/20) (from Ch. 30, par. 19) Sec. 20. Deeds, mortgages, conveyances, releases, powers of attorney or other writings of or relating to the sale, conveyance or other disposition of real estate or any interest therein whereby the rights of any person may be affected, may b…

(765 ILCS 5/22) (from Ch. 30, par. 21) Sec. 22. Where any deed, conveyance or power of attorney has been or may be acknowledged or proved in any foreign state, kingdom, empire or country, the certificate of any consul or minister of the United States in said country, under his of…

(765 ILCS 5/23) (from Ch. 30, par. 22) Sec. 23. All deeds, conveyances and powers of attorney, for the conveyance of lands lying in this state, which have been or may be acknowledged or proved and authenticated as aforesaid or in conformity with the laws of any foreign state, kin…

(765 ILCS 5/24) (from Ch. 30, par. 23) Sec. 24. No judge or other officer shall take the acknowledgment of any person to any deed or instrument of writing, as aforesaid, unless the person offering to make such acknowledgment shall be personally known to him to be the real person …

(765 ILCS 5/25) (from Ch. 30, par. 24) Sec. 25. If any grantor shall not have duly acknowledged the execution of any deed or instrument entitled to be recorded, and the subscribing witness or witnesses be dead, or not to be had, it may be proved by evidence of the handwriting of …

(765 ILCS 5/26) (from Ch. 30, par. 25) Sec. 26. A certificate of acknowledgment, substantially in the following form, shall be sufficient: State of (name of state), ) ) ss. County of (name of county).) I (here give name of officer and his official title) certify that (name of gra…

(765 ILCS 5/27) (from Ch. 30, par. 26) Sec. 27. No deed or other instrument shall be construed as releasing or waiving the right of homestead, unless the same shall contain a clause expressly releasing or waiving such right. And no release or waiver of the right of homestead by o…

(765 ILCS 5/28) (from Ch. 30, par. 27) Sec. 28. Deeds, mortgages, powers of attorney, and other instruments relating to or affecting the title to real estate in this state, shall be recorded in the county in which such real estate is situated; but if such county is not organized,…

(765 ILCS 5/28b) (from Ch. 30, par. 27b) Sec. 28b. Whenever a power of attorney relating to or affecting real estate in this State, executed by a person who is in the service or employment of the Federal Government and who is reported by the Federal Government or an agency or dep…

(765 ILCS 5/29) (from Ch. 30, par. 28) Sec. 29. Where an original deed, mortgage or other instrument relating to or affecting the title to real estate, having tracts of land therein described lying in different counties, has been or may hereafter be recorded in any of such counti…

(765 ILCS 5/3) (from Ch. 30, par. 3) Sec. 3. Where any person or persons be the owner of, or at any time hereafter shall be the owner of and in any premises, lands, tenements, rents, services, reversions, remainders, or other hereditaments, to the use, confidence or trust of any …

(765 ILCS 5/30) (from Ch. 30, par. 29) Sec. 30. All deeds, mortgages and other instruments of writing which are authorized to be recorded, shall take effect and be in force from and after the time of filing the same for record, and not before, as to all creditors and subsequent p…

(765 ILCS 5/31) (from Ch. 30, par. 30) Sec. 31. Deeds, mortgages and other instruments of writing relating to real estate shall be deemed, from the time of being filed for record, notice to subsequent purchasers and creditors, though not acknowledged or proven according to law; b…

(765 ILCS 5/31.5) Sec. 31.5. Assignment of rents; perfection. (a) In this Section: "Assigning" includes granting, pledging, transferring, conveying, or assigning an interest in rents. "Assignment" includes grants, pledges, transfers, conveyances, or assignments of an interest in …

(765 ILCS 5/32) (from Ch. 30, par. 31) Sec. 32. All deeds which may be executed by any administrator, executor, guardian, commissioner, sheriff, or other officer, of any real estate sold in pursuance of any judgment upon being acknowledged or proved before any officer authorized …

(765 ILCS 5/33) (from Ch. 30, par. 32) Sec. 33. All original wills duly proved, or copies thereof duly certified, according to law, and exemplifications of the record of foreign wills made in pursuance of the law of congress in relation to records in foreign states, may be record…

(765 ILCS 5/35) (from Ch. 30, par. 34) Sec. 35. Every deed, mortgage, power of attorney, conveyance, or other writing, of or concerning any lands, tenements or hereditaments, which, by virtue of this act, shall be required or entitled to be recorded as aforesaid, being acknowledg…

(765 ILCS 5/35a) (from Ch. 30, par. 34a) Sec. 35a. Whenever a deed shall recite, either in the body of the said deed or in the acknowledgment thereto, that said deed was sealed by the grantors therein, such recital shall be deemed to constitute an adoption by said grantors of any…

(765 ILCS 5/35b) (from Ch. 30, par. 34b) Sec. 35b. All deeds or mortgages heretofore irregularly executed by the omission of a seal are validated and made effective as though such omitted seal had been affixed. (Source: Laws 1941, vol. 1, p. 416.)

(765 ILCS 5/35c) (from Ch. 30, par. 34c) Sec. 35c. Whenever any deed or instrument of conveyance or other instrument to be made a matter of record is executed there shall be typed or printed to the side or below all signatures the names of the parties signing such instruments inc…

(765 ILCS 5/35d) Sec. 35d. Execution; permanent index number. In a county with 3,000,000 or more inhabitants, whenever any deed or instrument of conveyance is executed, the grantor of residential property shall provide the grantee of the property with an individual permanent inde…

(765 ILCS 5/36) (from Ch. 30, par. 35) Sec. 36. Whenever upon the trial of any cause in this state, any party to the cause, or his or her agent or attorney in his or her behalf, shall, orally in court, or by affidavit to be filed in the cause, state under oath that the original o…

(765 ILCS 5/37) (from Ch. 30, par. 36) Sec. 37. All affidavits required to be made and produced under the foregoing section, may be made in any county in this state, before any officer authorized by the laws of this state to administer oaths and affirmations, and may also be made…

(765 ILCS 5/38) (from Ch. 30, par. 37) Sec. 38. The term "real estate," as used in this Act, shall be construed as co-extensive in meaning with "lands, tenements and hereditaments," and as embracing all chattels real. "Real estate" and "real property" include a manufactured home …

(765 ILCS 5/38a) (from Ch. 30, par. 37 1/4) Sec. 38a. Whenever the owner of any real estate situated as hereinafter set forth, shall have received by judgment, settlement, or compromise, payment or satisfaction for permanent or continuing injuries or damages to said real estate, …

(765 ILCS 5/38b) (from Ch. 30, par. 37 1/2) Sec. 38b. The invalidity of any portion of section 38a shall not affect the validity of any other portion thereof which can be given effect without such invalid part. (Source: Laws 1933, p. 298.)

(765 ILCS 5/38c) Sec. 38c. (Repealed). (Source: P.A. 91-326, eff. 1-1-00. Repealed by P.A. 92-225, eff. 8-2-01.)

(765 ILCS 5/39) (from Ch. 30, par. 37a) Sec. 39. Every mortgage or trust deed in the nature of a mortgage shall, as to lands not registered under the provisions of an act entitled "An Act Concerning Land Titles," approved and in force May 1, 1897, as subsequently amended, from th…

(765 ILCS 5/4) (from Ch. 30, par. 4) Sec. 4. Any person claiming right or title to lands, tenements or hereditaments, although he, she or they may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey and transfer his or her intere…

(765 ILCS 5/4a) (from Ch. 30, par. 4a) Sec. 4a. Any person claiming any right, title, or interest in and to lands, tenements or hereditaments, under and by virtue of a title derived solely through a tax deed, whether he, she or they may be in or out of actual possession, shall no…

(765 ILCS 5/5.1) (from Ch. 30, par. 4a.1) Sec. 5.1. In the event it is necessary to record or file a deed with an attached rider, such rider shall be permanently attached as an additional page on the back of the deed so as to facilitate any photostating, microfilming or other pho…

(765 ILCS 5/6) (from Ch. 30, par. 5) Sec. 6. In cases where, by the common law, any person or persons might hereafter become the owner of, without applying the rule of property known as the rule in Shelley's Case, in fee tail, of any lands, tenements or hereditaments, by virtue o…

(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 est…

(765 ILCS 5/7a) (from Ch. 30, par. 6a) Sec. 7a. (a) Except as provided in subsection (b), any instrument, including a will, which conveys, transfers, encumbers, leases or releases, or by which an agreement is made to convey, transfer, encumber, lease or release, or by virtue of w…

(765 ILCS 5/8) (from Ch. 30, par. 7) Sec. 8. Warranty deed; encumbrances done or suffered from the grantor. (a) In all deeds whereby any estate of inheritance in fee simple shall hereafter be limited to the grantee and his heirs, or other legal representatives, the words "grant,"…

(765 ILCS 5/9) (from Ch. 30, par. 8) Sec. 9. Deeds for the conveyance of land may be substantially in the following form: The grantor (here insert name or names and place of residence), for and in consideration of (here insert consideration), conveys and warrants to (here insert …

(765 ILCS 10/0.01) (from Ch. 29, par. 0.01) Sec. 0.01. Short title. This Act may be cited as the Seals and Real Estate Contracts Act. (Source: P.A. 86-1324.)

(765 ILCS 10/1) (from Ch. 29, par. 1) Sec. 1. That any instrument of writing, to which the maker shall affix a scrawl by way of seal, shall be of the same effect and obligation, to all intents, as if the same were sealed. (Source: Laws 1871-2, p. 277.)

(765 ILCS 10/2) (from Ch. 29, par. 2) Sec. 2. When any person, who has heretofore entered, or may hereafter enter into any contract, bond or memorandum in writing, to make a deed or title to land in this state, for a valuable consideration, and dies or becomes a person under lega…