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What Is the Statute of Limitations for Trespass in Illinois?

In Illinois, the statute of limitations for trespass is generally 5 years under 735 ILCS 5/13-205.

5 YEARS
Trespass to Land · Illinois
✓ Verified Checked Sep 2026

Trespass Deadlines in Illinois

How long do you have to file a trespass claim in Illinois?

In Illinois, the statute of limitations for trespass is generally 5 years under 735 ILCS 5/13-205.

When does the clock start for trespass in Illinois?

Five years, as an action for damage to property under the residual provision.

Can the Illinois deadline for trespass be extended?

An action to recover possession of real property runs on a separate and much longer track. A continuing trespass can give rise to successive claims.

Is the deadline different if the claim is against the government in Illinois?

Often, yes. Suit against a local public entity within 1 year under 745 ILCS 10/8-101. The Local Governmental and Governmental Employees Tort Immunity Act cuts the filing period to one year for civil actions against a local public entity or its employees — half the ordinary two-year personal-injury period. Claims against the State go to the Illi…

How does Illinois compare to other states for trespass?

Illinois's 5 years is in the middle of the range nationally. Across the 48 jurisdictions with a verified figure, the deadline for trespass ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →

What Does Trespass to Land Cover?

Situations that typically fall under the trespass deadline in Illinois:

01 Unauthorized entry onto private property
02 Encroaching structures or fences
03 Interference with use of real property
04 Unauthorized removal of timber or resources
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Other Filing Deadlines in Illinois

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed Illinois attorney can tell you the deadline that applies to your situation.
See every filing deadline in Illinois, or compare trespass across all states.
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