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?
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.