Legal Question in Real Estate Law in Illinois

Stephen Messutta had answered my question but i do not see a reply button. Sir your question was what makes me think i have an equitable interest? For starters I am the only one claiming the properties. ( 8 in total counting for about 55 acres) There are some other factors as well but that in itself should be enough right?


Asked on 2/04/13, 4:37 am

1 Answer from Attorneys

No. You give no facts to support any such "claim". Under Illinois to claim an interest in property that you have no documentation showing a current legal interest, you normally have to show payment of taxes for at least 7 years running and some "root" title - meaning some documentation showing that at some point you should have had a legal interest. So you've given no information that would help. I suggest you sit down with an attorney together with whatever documentation (deeds, wills, trust agreements, mortgages in which you are the mortgagor, or one of your ancestors was a party, whatever) and other information (tax bill receipts, other, etc.) that might justify any "equitable" interests. As an aside, even if you just occupied the 8 acres and paid taxes on them straight is not generally enough; that could equally be evidence only of a leasehold interest, which could easily be terminable.

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Answered on 2/04/13, 9:56 am


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