Chapter 765, PROPERTY

(765 ILCS 1085/5) Sec. 5. Legislative intent. Electric vehicles are an important tool to fight the climate crisis, tackle air pollution, and provide safe, clean, and affordable personal transportation. The State should encourage urgent and widespread adoption of electric vehicles…

(765 ILCS 752/5) Sec. 5. Legislative intent. The purpose of this Act is to promote the State's interest in enabling more victims of domestic or sexual violence and their families to become timely aware of the existing housing protections they have under 6 Illinois statutes and ho…

(765 ILCS 150/5) Sec. 5. Definitions. As used in this Act: "Industrialized residential structure" means a manufactured housing unit that is intended to contain or contains only one or 2 dwelling units and is constructed in conformance with a model building code published by a mod…

(765 ILCS 155/5) Sec. 5. Legislative findings. The General Assembly finds and declares that the public policy of this State favors the marketability of real property and the transferability of interests in real property free of title defects or unreasonable restraints on alienati…

(765 ILCS 165/5) Sec. 5. Legislative intent. The legislative intent in enacting this Act is to protect the public health, safety, and welfare by encouraging the development and use of solar energy systems in order to conserve and protect the value of land, buildings, and resource…

(765 ILCS 505/5) (from Ch. 96 1/2, par. 155) Sec. 5. Whoever shall willfully trespass upon the land of another by mining thereon, shall, in addition to the damages now authorized by law, be liable to a penalty not to exceed $500, which may be recovered by the owner thereof, in th…

(765 ILCS 515/5) (from Ch. 96 1/2, par. 9205) Sec. 5. (a) The person seeking to impress a trust upon a severed mineral interest for the purpose of leasing and developing the same shall join as defendants to the action all persons having a legal interest therein who are unknown or…

(765 ILCS 167/5) Sec. 5. Definitions. As used in this Act unless the context otherwise requires: "Illinois native species" means trees, shrubs, vines, ferns, flowers, forbs, sedges, grasses, and other plants growing in the State of Illinois before European settlement or as otherw…

(765 ILCS 742/5) Sec. 5. Repair; deduction from rent. If a repair is required under a residential lease agreement or required under a law, administrative rule, or local ordinance or regulation, and the reasonable cost of the repair does not exceed the lesser of $500 or one-half o…

(765 ILCS 740/5) (from Ch. 80, par. 355) Sec. 5. Disclosure of utility payments included in rent. (a) No landlord may demand payment for master metered public utility services pursuant to a lease provision providing for tenant payment of a proportionate share of public utility se…

(765 ILCS 1030/5) (from Ch. 141, par. 145) Sec. 5. The owner or other person entitled to possession of such property may claim and recover possession of the property at any time before its sale at public auction, upon providing reasonable and satisfactory proof of ownership or ri…

(765 ILCS 175/5) Sec. 5. Purpose. The General Assembly declares that it is the purpose of this Act: (1) to prohibit the use of service agreements that are unfair to an owner of residential real estate or to persons who may become owners of that real estate in the future; (2) to p…

(765 ILCS 530/5) (from Ch. 96 1/2, par. 9655) Sec. 5. Discussion. The operator, or his agent shall, if the surface owner accepts the offer to discuss, be available at the time agreed, date and place to discuss with the surface owner the following: (A) Placement of roads to be con…

(765 ILCS 435/5) Sec. 5. Legislative finding; purpose. (a) The General Assembly finds that the Illinois judiciary system and the federal judiciary system have unclear court decisions as to whether the holders of the power of direction have fiduciary duties to the holders of the b…

(765 ILCS 605/5) (from Ch. 30, par. 305) Sec. 5. Plat to be recorded.) Simultaneously with the recording of the declaration there shall be recorded a plat as defined in Section 2, which plat shall be made by a Registered Illinois Land Surveyor and shall set forth (1) all angular …

(765 ILCS 735/5) (from Ch. 80, par. 66) Sec. 5. Nothing in this Act shall be construed to prevent a utility company from pursuing any other action or remedy that it may have against the lessor, landlord or his agent for any amounts due and owing to the utility company and nothing…

(765 ILCS 520/5) (from Ch. 96 1/2, par. 4905) Sec. 5. During the pendency of any such suit, any person claiming to be interested in the right to drill for and remove oil and gas from such lands may appear and answer the complaint, and assert his or her rights, by way of interplea…

(765 ILCS 930/5) Sec. 5. Application. This Act applies to mortgages entered into on or after the effective date of this Act and only to the principal single family residence of the mortgagor. (Source: P.A. 90-455, eff. 7-1-98.)

(765 ILCS 205/5) (from Ch. 109, par. 5) Sec. 5. Whoever sells or leases for any time exceeding five years, any lot or block in or outside of any town, city or village before all the requirements of this Act have been complied with, shall be guilty of a petty offense and fined $25…

(765 ILCS 705/5) Sec. 5. Class X felony by lessee or occupant. (a) If, after the effective date of this amendatory Act of 1995, any lessee or occupant is charged during his or her lease or contract term with having committed an offense on the premises constituting a Class X felon…

(765 ILCS 925/5) (from Ch. 67 1/2, par. 905) Sec. 5. An owner of subsidized housing shall provide to the clerk of the unit of local government and IHDA notice of his intent to exercise his prepayment of mortgage option at least 9 months prior to the date of the intended prepaymen…

(765 ILCS 745/5) (from Ch. 80, par. 205) Sec. 5. Exemptions. No mobile home park operated by the State or the Federal Government, or park land owned by either, and no trailer park operated for the use of recreational campers or travel trailers shall be subject to the provisions o…

(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 1075/50) Sec. 50. Injunctive relief. Upon a showing of cause as required by Article XI of the Code of Civil Procedure for the issuance of injunctive relief, the court may issue such temporary restraining orders, preliminary injunctions, and permanent injunctions as may …

(765 ILCS 1033/50) Sec. 50. Miscellaneous Provisions. (a) This Act does not abrogate the rights and obligations of a lender, claimant, or museum identified in a written agreement. (b) This Act applies to all property held by or in the custody of a museum on or after the effective…

(765 ILCS 67/50) Sec. 50. No waiver. The buyer or the seller may not waive any provisions of this Act by written contract or otherwise. Any contractual provisions or other agreements contrary to this Act are void and unenforceable. (Source: P.A. 100-416, eff. 1-1-18.)

(765 ILCS 540/50) Sec. 50. Incapacity of trustee; subsequent proceedings. (a) In the event of the death or resignation of the trustee or the refusal or inability of the trustee to act, the court, upon its own motion or upon the motion of the plaintiff or plaintiffs, shall appoint…

(765 ILCS 935/50) Sec. 50. Form of certificate of release. A certificate of release, in substantially the following form, allowing for alterations to permit the inclusion of multiple mortgages, both presently and previously paid, complies with this Act. CERTIFICATE OF RELEASE Dat…

(765 ILCS 615/50) (Section scheduled to be repealed on January 1, 2029) Sec. 50. Reports. The Department shall submit an annual written report on the activities of the Office to the General Assembly. The Department shall submit the first report no later than July 1, 2018. Beginni…

(765 ILCS 1036/50) Sec. 50. Classification. The Secretary shall by rule establish a classification of goods and services for convenience of administration of this Act, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of …

(765 ILCS 940/50) Sec. 50. Violations. (a) It is a violation for a distressed property consultant to: (1) claim, demand, charge, collect, or receive any compensation until after the distressed property consultant has fully performed each service the distressed property consultant…

(765 ILCS 940/55) Sec. 55. Civil remedies. (a) A violation of any of the provisions of this Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General or State's Attorn…

(765 ILCS 1036/55) Sec. 55. Fraudulent registration. Any person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary under this Act, by knowingly making any false or fraudulent representa…

(765 ILCS 935/55) Sec. 55. Form of appointment of title insurance agent for issuance of certificates of release. A title insurance company shall use the following form for the appointment of its title insurance agents for the purpose of executing certificates of release pursuant …

(765 ILCS 1075/55) Sec. 55. Attorney's fees; costs. The court may award to the prevailing party reasonable attorney's fees, costs, and expenses relating to an action under this Act. (Source: P.A. 90-747, eff. 1-1-99.)

(765 ILCS 67/55) Sec. 55. Circumstances voiding mandatory arbitration provisions. A mandatory arbitration provision of an installment sales contract that is oppressive, unfair, unconscionable, or substantially in derogation of the rights of either party is void. (Source: P.A. 100…

(765 ILCS 540/55) Sec. 55. Costs. All court costs incident to the proceedings authorized under this Act shall be paid by the plaintiff or plaintiffs. (Source: P.A. 92-390, eff. 8-16-01.)

(765 ILCS 205/56) Sec. 56. Duty of counties issuing building/improvement permits. Counties that are authorized by law to exercise land use control through a building/improvement permit process may deny the issuance of a building permit for building or other improvement to be cons…

(765 ILCS 205/5a) (from Ch. 109, par. 5a) Sec. 5a. The recorder or the Registrar of Title of any county shall not record deeds or leases which attempt to convey property contrary to the provisions of this Act. In case of doubt, the recorder or the Registrar of Title of any county…

(765 ILCS 330/5a) (from Ch. 30, par. 37f.1) Sec. 5a. If by reason of a possibility of reverter created more than 40 years prior to the effective date of this amendatory Act, a reverter has come into existence prior to the time of the effective date of this amendatory Act, no pers…

(765 ILCS 835/5a) (from Ch. 21, par. 19a) Sec. 5a. The cemetery authority may invest the funds received under Section 4 or 5 in notes secured by a first mortgage or trust deed upon improved or income producing real estate situated in this State and not exceeding one-half the valu…

(765 ILCS 730/5a) (from Ch. 80, par. 46) Sec. 5a. The provisions of this Act shall have no application to farm or agricultural property, or property used as such, nor to any leases or evidences of leasing executed relative thereto. (Source: Laws 1925, p. 457.)

(765 ILCS 330/5b) (from Ch. 30, par. 37f.2) Sec. 5b. This amendatory Act of 1959, reducing from 50 to 40 years the period referred to in Section 4 and adding Section 5a shall not be held to revive any possibility of reverter or rights of entry or re-entry for breach of condition …

(765 ILCS 520/6) (from Ch. 96 1/2, par. 4906) Sec. 6. In all suits under this Act, the court may investigate and determine all questions of conflicting or controverted titles, remove clouds from, and establish and confirm the title to the right to drill for and remove oil and gas…

(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 220/6) (from Ch. 133, par. 60-6) Sec. 6. It shall be the duty of the examining committee to prescribe the form in which such monument record shall be presented and recorded, and time limits within which the form shall be recorded. (Source: P.A. 79-649.)

(765 ILCS 835/6) (from Ch. 21, par. 20) Sec. 6. The trust fund mentioned in Sections 4 and 5 of this act, shall be vested in the board of directors and trustees, and the securities taken therefor shall be approved by circuit court for the county wherein such cemetery or graveyard…

(765 ILCS 1090/6) Sec. 6. Appointment of receiver. (a) The court may appoint a receiver: (1) before judgment, to protect a party that demonstrates an apparent right, title, or interest in property that is the subject of the action, if the property or its revenue-producing potenti…

(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 1055/6) (from Ch. 140, par. 206) Sec. 6. If a customer does not claim possession of the particular die, mold, or form within 120 days following the date the notice was sent, or does not make other contractual arrangements with the molder for storage thereof, all rights …