Chapter 765 — PROPERTY

(765 ILCS 10/3) (from Ch. 29, par. 3) Sec. 3. It shall not be lawful for any court to make such order, except upon the petition, in writing, of the person entitled to the benefit of the same, or his or her heirs, setting forth the contract, bond or memorandum in writing, and full…

(765 ILCS 10/4) (from Ch. 29, par. 4) Sec. 4. The executor, administrator or heirs of any deceased person who shall have made such contract, bond or memorandum in writing, in his or her life time, for the conveyance of land, for a valuable consideration, or the guardian of any pe…

(765 ILCS 10/5) (from Ch. 29, par. 5) Sec. 5. In all cases where any minor heirs shall be interested in such proceedings as aforesaid, reasonable notice of such application shall be given to the guardian of such minors; and if there shall be no guardian, then the said court shall…

(765 ILCS 10/6) (from Ch. 29, par. 6) Sec. 6. In all cases where application shall be made as hereinabove stated, the court shall have power to continue the same from time to time to obtain such evidence as the nature of the case shall require; and no judgment for the conveyance …

(765 ILCS 10/7) (from Ch. 29, par. 7) Sec. 7. A complete record of such petition and proceedings thereon shall be made, and the court shall order payment of costs as shall appear right and equitable. (Source: Laws 1871-2, p. 277.)

(765 ILCS 10/8) (from Ch. 29, par. 8) Sec. 8. Guardians of minors and guardians of persons under legal disability may sue and be sued under this act. (Source: P.A. 83-706.)

(765 ILCS 15/0.01) (from Ch. 30, par. 40.9) Sec. 0.01. Short title. This Act may be cited as the Land Patent Act. (Source: P.A. 86-1324.)

(765 ILCS 15/1) (from Ch. 30, par. 41) Sec. 1. Whenever upon the trial of any civil action, in this State, any party to the action, or his agent or attorney in his behalf, shall by affidavit to be filed in the action, testify and state under oath that the required United States p…

(765 ILCS 20/0.01) (from Ch. 30, par. 37m) Sec. 0.01. Short title. This Act may be cited as the Covenants of Warranty Act. (Source: P.A. 86-1324.)

(765 ILCS 20/1) (from Ch. 30, par. 38) Sec. 1. That no covenant of warranty shall be considered as broken by the existence of a highway upon the land conveyed, unless otherwise particularly specified in the deed. (Source: R.S. 1874, p. 280.)

(765 ILCS 25/1) (from Ch. 30, par. 155a) Sec. 1. All deeds, mortgages, or other instruments in writing, relating to or affecting any real estate situated in this State, wherein a corporation was the grantor, mortgagor, grantee or mortgagee, which have been acknowledged or proven …

(765 ILCS 25/1.1) (from Ch. 30, par. 155a.1) Sec. 1.1. Short title. This Act may be cited as the Acknowledgment Validation Act. (Source: P.A. 86-1324.)

(765 ILCS 30/1) (from Ch. 30, par. 221) Sec. 1. Short title. This Act may be cited as the Uniform Recognition of Acknowledgments Act. (Source: P.A. 76-1105.)

(765 ILCS 30/10) (from Ch. 30, par. 230) Sec. 10. Time of taking effect. This Act shall take effect on January 1, 1970. (Source: P.A. 76-1105.)

(765 ILCS 30/2) (from Ch. 30, par. 222) Sec. 2. Recognition of notarial acts performed outside this State. For the purposes of this Act, "notarial acts" means acts which the laws and regulations of this State authorize notaries public of this State to perform, including the admin…

(765 ILCS 30/3) (from Ch. 30, par. 223) Sec. 3. Authentication of authority of officer. (a) If the notarial act is performed by any of the persons described in paragraphs 1 to 4, inclusive of Section 2, other than a person authorized to perform notarial acts by the laws or regula…

(765 ILCS 30/4) (from Ch. 30, par. 224) Sec. 4. Certificate of person taking acknowledgment. The person taking an acknowledgment shall certify that: (1) the person acknowledging appeared before him and acknowledged he executed the instrument; and (2) the person acknowledging was …

(765 ILCS 30/5) (from Ch. 30, par. 225) Sec. 5. Recognition of certificate of acknowledgment. The form of a certificate of acknowledgment used by a person whose authority is recognized under Section 2 shall be accepted in this State if: (1) the certificate is in a form prescribed…

(765 ILCS 30/6) (from Ch. 30, par. 226) Sec. 6. Certificate of acknowledgment. The words "acknowledged before me" means (1) that the person acknowledging appeared before the person taking the acknowledgment in a manner prescribed by the laws or regulations applicable in the place…

(765 ILCS 30/7) (from Ch. 30, par. 227) Sec. 7. Short forms of acknowledgment. (a) The forms of acknowledgment set forth in this Section may be used and are sufficient for their respective purposes under any law of this State, whether executed in this State or any other State. Th…

(765 ILCS 30/8) (from Ch. 30, par. 228) Sec. 8. Acknowledgments not affected by this Act. A notarial act performed prior to the effective date of this Act is not affected by this Act. This Act provides an additional method of proving notarial acts. Nothing in this Act diminishes …

(765 ILCS 30/9) (from Ch. 30, par. 229) Sec. 9. Uniformity of interpretation. This Act shall be so interpreted as to make uniform the laws of those states which enact it. (Source: P.A. 76-1105.)

(765 ILCS 33/1) Sec. 1. Short title. This Act may be cited as the Uniform Real Property Electronic Recording Act. (Source: P.A. 95-472, eff. 8-27-07.)

(765 ILCS 33/2) Sec. 2. Definitions. In this Act: (1) "Document" means information that is: (A) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (B) eligible to be recorded in the land records maintained…

(765 ILCS 33/3) Sec. 3. Validity of electronic documents. (a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this Act. (b)…

(765 ILCS 33/3.5) Sec. 3.5. Electronic documents certified by notary public. (a) A paper or tangible copy of an electronic document that a notary public has certified to be a true and correct copy under subsection (b) satisfies any requirement of law that, as a condition for reco…

(765 ILCS 33/4) Sec. 4. Recording of documents. (a) In this Section, "paper document" means a document that is received by the county recorder in a form that is not electronic. (b) A county recorder: (1) who implements any of the functions listed in this Section shall do so in co…

(765 ILCS 33/5) Sec. 5. Administration and standards. (a) To adopt standards to implement this Act, there is established, within the Office of the Secretary of State, the Illinois Electronic Recording Commission consisting of 17 commissioners as follows: (1) The Secretary of Stat…

(765 ILCS 33/6) Sec. 6. (Blank). (Source: P.A. 95-472, eff. 8-27-07.)

(765 ILCS 33/7) Sec. 7. Relation to Electronic Signatures in Global and National Commerce Act. This Act modifies, limits, and 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 supersed…

(765 ILCS 33/99) Sec. 99. Effective date. This Act takes effect upon becoming law. (Source: P.A. 95-472, eff. 8-27-07.)

(765 ILCS 40/1) (from Ch. 30, par. 1201) Sec. 1. This Article may be cited as the Torrens Repeal Law. References in this Article to "this Act" mean this Article. (Source: P.A. 86-1481.)

(765 ILCS 40/2) (from Ch. 30, par. 1202) Sec. 2. As used in this Act: "Adverse instrument" means any document, instrument, or paper that adversely affects, but does not convey, the fee title to registered land, and the validity of which is not dependent upon consent by an owner o…

(765 ILCS 40/3) (from Ch. 30, par. 1203) Sec. 3. On and after the effective date of this Act, no additional land may be registered under the Registered Titles (Torrens) Act. (Source: P.A. 86-1481.)

(765 ILCS 40/4) (from Ch. 30, par. 1204) Sec. 4. On and after the effective date of this Act and before January 1, 1997, the registrar shall accept for registration, as memorials or otherwise, on registered land only adverse instruments. (Source: P.A. 86-1481.)

(765 ILCS 40/5) (from Ch. 30, par. 1205) Sec. 5. On and after the effective date of this Act and before January 1, 1997, the registrar shall refuse to accept for registration any instrument that is a voluntary instrument. Instead of accepting a voluntary instrument for registrati…

(765 ILCS 40/6) (from Ch. 30, par. 1206) Sec. 6. On January 1, 1997, or as soon thereafter as it can practicably be accomplished, the registrar shall, without charge, place on record with the recorder registrar's certifications of condition of title or the certificates of title o…

(765 ILCS 40/7) (from Ch. 30, par. 1207) Sec. 7. Upon each filing with the recorder under Sections 5 or 6, the recorded certificate or registrar's certification shall, from and after the date of the recording, constitute a new chain of record title in the registered owner of any …

(765 ILCS 40/8) (from Ch. 30, par. 1208) Sec. 8. Recording of a certificate of title or registrar's certification of condition of title under Section 5 or 6 shall not disturb the effect of any proceedings under the registry system where the question of title to the real property …

(765 ILCS 40/9) (from Ch. 30, par. 1209) Sec. 9. Nothing contained in this Act terminates, diminishes, or impairs any existing right in or pertaining to registered land or any existing right to resort to the indemnity fund created under Sections 99 through 103 of the Registered T…

(765 ILCS 45/0.01) (from Ch. 116, par. 4.9) Sec. 0.01. Short title. This Act may be cited as the Destroyed Public Records Act. (Source: P.A. 86-1324.)

(765 ILCS 45/1) (from Ch. 116, par. 5) Sec. 1. Whenever it shall appear that the records, or any material part thereof, of any county in this state have been destroyed by fire or otherwise, any map, plat, deed, conveyance, contract, mortgage, deed of trust, or other instrument in…

(765 ILCS 45/10) (from Ch. 116, par. 14) Sec. 10. In case of such destruction of records, as aforesaid, the circuit court in the county shall have power to inquire into the condition of any title to or interest in any land in such county, and to make all such orders and judgments…

(765 ILCS 45/11) (from Ch. 116, par. 15) Sec. 11. It is lawful for any person claiming title to any lands in such county at the time of the destruction of such records, and for all claiming under any such person, to file a petition in the circuit court in such county, praying for…

(765 ILCS 45/12) (from Ch. 116, par. 16) Sec. 12. It shall be the duty of the clerk of the court in which the petition is filed, to enter, in a separate book or books to be kept for the purpose the names of the petitioners and defendants, the date of filing the petition, and a de…

(765 ILCS 45/13) (from Ch. 116, par. 17) Sec. 13. Any person interested may oppose any such petition, and file his answer or appropriate motion thereto on or before the day named in said publication notice, unless the time be extended by order of court, and may also file a cross …

(765 ILCS 45/14) (from Ch. 116, par. 18) Sec. 14. If no appropriate motion or answer shall be filed as above provided, the petition may stand as admitted, and a judgment entered according to the prayer of such petition, upon proof of the facts stated in such petition; but if any …

(765 ILCS 45/15) (from Ch. 116, par. 19) Sec. 15. It shall be competent for courts, in all such judgments to determine and order in whom the title in any or all of the lands described in the petition is vested, whether in the petitioner, or in any other of the parties before the …

(765 ILCS 45/16) (from Ch. 116, par. 20) Sec. 16. The judgment of the court, when entered, shall be forever binding and conclusive: Provided, that any judgment shall be subject to be opened, modified, vacated or set aside on appeal. Any judgment entered upon any petition or cross…

(765 ILCS 45/17) (from Ch. 116, par. 21) Sec. 17. Whenever any deeds or other instruments, in writing affecting the title to any of the lands in any such county, shall have been filed for record so short a time before such destruction of the records, as aforesaid, that no proof o…