Chapter 765 — PROPERTY

(765 ILCS 120/5) Sec. 5. All instruments creating conservation rights and all instruments releasing conservation rights shall be duly recorded in the county where the land lies so as to affect title in the manner of other conveyances of interests in land and shall describe the la…

(765 ILCS 120/6) (from Ch. 30, par. 406) Sec. 6. This Act shall not be construed to imply that any restriction, easement, covenant or condition which does not have the benefit of the Act shall, on account of any provision herein, be unenforceable. Nothing in this Act shall dimini…

(765 ILCS 122/1) Sec. 1. Short title. This Act may be cited as the Uniform Environmental Covenants Act. (Source: P.A. 95-845, eff. 1-1-09.)

(765 ILCS 122/10) Sec. 10. Amendment or termination by consent. (a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The agency. (2) Unless waived by the agency, the current owner of the fee simple of the rea…

(765 ILCS 122/11) Sec. 11. Enforcement of environmental covenant. (a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant. (2) The agency or, if it is not the agency, the Illinois Env…

(765 ILCS 122/12) Sec. 12. Registry; substitute notice. (a) The Illinois Environmental Protection Agency shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other …

(765 ILCS 122/13) Sec. 13. Uniformity of application and construction. In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Source: P.A. 95-845, eff. 1…

(765 ILCS 122/14) Sec. 14. Relation to Electronic Signatures in Global and National Commerce Act. This Act modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or superse…

(765 ILCS 122/15) Sec. 15. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or applicati…

(765 ILCS 122/2) Sec. 2. Definitions. In this Act: "Activity and use limitations" means restrictions or obligations created under this Act with respect to real property. "Agency" means the Illinois Environmental Protection Agency or any other State or federal agency that determin…

(765 ILCS 122/3) Sec. 3. Nature of rights; subordination of interests. (a) An owner or owners of real property may voluntarily enter into an environmental covenant, as a grantor of an interest in the real property, with an agency and, if appropriate, one or more holders. No owner…

(765 ILCS 122/4) Sec. 4. Contents of environmental covenant. (a) An environmental covenant must: (1) State that the instrument is an environmental covenant executed pursuant to this Act. (2) Contain a legally sufficient description of the real property subject to the covenant. (3…

(765 ILCS 122/5) Sec. 5. Validity; effect on other instruments. (a) An environmental covenant that complies with this Act runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if: (1) It is not appurtenant to an interest in re…

(765 ILCS 122/6) Sec. 6. Relationship to other land-use law. This Act does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this Act regulating use of real property, or by a recorded instrument that has priority over the environmental…

(765 ILCS 122/7) Sec. 7. Notice. (a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: (1) Each person that signed the covenant. (2) Each person holding a recorded interest in the real property subject to the covenan…

(765 ILCS 122/8) Sec. 8. Recording. (a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as…

(765 ILCS 122/9) Sec. 9. Duration; amendment by court action. (a) An environmental covenant is perpetual unless it is: (1) By its terms limited to a specific duration or terminated by the occurrence of a specific event. (2) Terminated by consent pursuant to Section 10. (3) Termin…

(765 ILCS 125/0.01) (from Ch. 30, par. 1050) Sec. 0.01. Short title. This Act may be cited as the Entry on Adjoining Land to Accomplish Repairs Act. (Source: P.A. 86-1324.)

(765 ILCS 125/1) (from Ch. 30, par. 1051) Sec. 1. If repair and maintenance of a single family residence existing on the date this Act takes effect cannot be reasonably accomplished without entering onto the adjoining land, and if the owner of the adjoining land refuses to permit…

(765 ILCS 130/0.01) (from Ch. 54, par. 0.01) Sec. 0.01. Short title. This Act may be cited as the Fence Act. (Source: P.A. 86-1324.)

(765 ILCS 130/1) (from Ch. 54, par. 1) Sec. 1. In counties under township organization the board of trustees shall be ex officio fence viewers in their respective towns. In counties not under township organization the presiding officer of the county board, with the advice and con…

(765 ILCS 130/10) (from Ch. 54, par. 10) Sec. 10. The decision of the fence viewers shall be reduced to writing; shall contain a description of the fence, and of the proportion to be maintained by each, and their decision upon any other point in dispute between the parties, submi…

(765 ILCS 130/10.1) (from Ch. 54, par. 10.1) Sec. 10.1. If for any reason the fence viewers shall fail to make a decision within 90 days after the matter has been submitted to them, either the county board or the township board of trustees may assume jurisdiction of the matter an…

(765 ILCS 130/11) (from Ch. 54, par. 11) Sec. 11. If any person who is liable to contribute to the erection or reparation of a division fence shall neglect or refuse to make or repair his proportion of such fence, the party injured, after giving 60 days' notice, in writing, that …

(765 ILCS 130/12) (from Ch. 54, par. 12) Sec. 12. Whenever a division fence shall be injured or destroyed by fire, floods, or other casualty, the person bound to make and repair such fence, or any part thereof, shall make or repair the same, or his just proportion thereof, within…

(765 ILCS 130/13) (from Ch. 54, par. 13) Sec. 13. If such person shall neglect or refuse to make or repair his proportion of such fence or flood gate within the periods specified in section 12 of this Act, the party injured may make or repair the same at the expense of the party …

(765 ILCS 130/14) (from Ch. 54, par. 14) Sec. 14. If any person is disposed to remove a division fence, or part thereof, owned by him or her, and allow his or her lands to be uncultivated and not used for pasture purposes, after having first given the adjoining owner one year's n…

(765 ILCS 130/15) (from Ch. 54, par. 15) Sec. 15. If any such fence shall be removed without such notice, the party removing the same shall pay to the party injured all such damages as he may thereby sustain, to be recovered with costs of suit. (Source: R.S. 1874, p. 527.)

(765 ILCS 130/16) (from Ch. 54, par. 16) Sec. 16. When a person has made a fence on an inclosure which afterward on making division lines is found to be on the land of another, and the same has occurred through mistake, such first person may enter on the land of the other and rem…

(765 ILCS 130/17) (from Ch. 54, par. 17) Sec. 17. But such fence shall not be removed if it was made of material taken from the land on which it is built, until the party pays or tenders to the owner of the land the value of such material, to be ascertained by the fence viewers; …

(765 ILCS 130/18) (from Ch. 54, par. 18) Sec. 18. Fence viewers may examine witnesses on any and all questions submitted to them, and either of such fence viewers shall have power to issue subpoenas for, and administer oaths to such witnesses. (Source: R.S. 1874, p. 527.)

(765 ILCS 130/19) (from Ch. 54, par. 19) Sec. 19. Fence viewers shall be entitled to $15 per day, each, for the time necessarily spent as above provided, to be paid in the first instance by the party requiring the services; and all expenses of the view shall be borne equally betw…

(765 ILCS 130/2) (from Ch. 54, par. 2) Sec. 2. Fences four and one-half feet high, and in good repair, consisting of rails, timber boards, stone, hedges, barb wire, woven wire or whatever the fence viewers of the town or precinct where the same shall lie shall consider equivalent…

(765 ILCS 130/20) (from Ch. 54, par. 20) Sec. 20. If any horse, mule or ass, or any neat cattle, hogs or sheep, or other domestic animals, shall break into any person's inclosure, the fence being good and sufficient, the owner of such animal or animals shall be liable, in a civil…

(765 ILCS 130/21) (from Ch. 54, par. 21) Sec. 21. If any such animal or animals shall break into an enclosure surrounded by a fence of the height and sufficiency prescribed by this act, or shall be wrongfully upon the premises of another, the owner or occupier of such enclosure o…

(765 ILCS 130/3) (from Ch. 54, par. 3) Sec. 3. When 2 or more persons have lands adjoining, each of them shall make and maintain a just proportion of the division fence between them, and if such fence shall be a hedge fence, then the owner or owners of such hedge fence shall, dur…

(765 ILCS 130/4) (from Ch. 54, par. 4) Sec. 4. When any person wishes to inclose his land, located in any county having less than 1,000,000 population according to the last preceding federal census and not within the corporate limits of any municipality in such county, each owner…

(765 ILCS 130/5) (from Ch. 54, par. 5) Sec. 5. The value of such fence, and the proportion thereof to be paid by such person, and the proportion of the division fence to be made and maintained by him, in case of his inclosing his land, may be determined by 2 fence viewers of the …

(765 ILCS 130/6) (from Ch. 54, par. 6) Sec. 6. If any person neglect to repair or rebuild a division fence, or portion thereof, which he ought to maintain, any two fence viewers of the town or precinct, as the case may be, shall, on complaint by the party aggrieved, after giving …

(765 ILCS 130/7) (from Ch. 54, par. 7) Sec. 7. If disputes arise between the owners of adjoining lands concerning the proportion of fence to be made or maintained by either of them, such dispute may be settled by any two of the fence viewers of the town or precinct, as the case m…

(765 ILCS 130/8) (from Ch. 54, par. 8) Sec. 8. When any of the above mentioned matters shall be submitted to fence viewers, each party shall choose one; and if either neglect, after eight days' notice in writing, to make such choice, the other party may select both. And for all p…

(765 ILCS 130/9) (from Ch. 54, par. 9) Sec. 9. The two fence viewers so chosen shall examine the premises, and hear the allegations of the parties. In case of their disagreement, they shall select another fence viewer to act with them; and the decision of any two of them shall be…

(765 ILCS 135/0.01) (from Ch. 96 1/2, par. 8150) Sec. 0.01. Short title. This Act may be cited as the Water Dam Use Act. (Source: P.A. 86-1324.)

(765 ILCS 135/1) (from Ch. 96 1/2, par. 8151) Sec. 1. That in any and all cases where different persons have the right to use, in separate or distinct quantities or proportions, the water or water-power furnished by a dam across any river in this state, it shall be lawful for suc…

(765 ILCS 140/0.01) (from Ch. 111 1/2, par. 3300) Sec. 0.01. Short title. This Act may be cited as the Adjacent Landowner Excavation Protection Act. (Source: P.A. 86-1324.)

(765 ILCS 140/1) (from Ch. 111 1/2, par. 3301) Sec. 1. Each adjacent owner is entitled to the continuous lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on …

(765 ILCS 145/0.01) (from Ch. 134, par. 14.9) Sec. 0.01. Short title. This Act may be cited as the Transmission Line Prescriptive Right Prohibition Act. (Source: P.A. 86-1324.)

(765 ILCS 145/1) (from Ch. 134, par. 15) Sec. 1. Whenever any wire, pole or cable used for any telegraph, telephone, electric light or other electric purpose, or for the purpose of communication, is or shall be attached to or does or shall extend upon or over any building or land…

(765 ILCS 150/1) Sec. 1. Short title. This Act may be cited as the Industrialized Residential Structure Deed Restriction Act. (Source: P.A. 96-724, eff. 1-1-10.)

(765 ILCS 150/10) Sec. 10. Deed restriction or restrictive covenant concerning erection of industrialized residential structure. (a) Except as provided in Section 15 of this Act, a deed restriction or restrictive covenant may not prohibit or restrict the erection of an industrial…