2005 Illinois Code - Chapter 765 Property 765 ILCS 330/ Rights of Entry or Re-entry Act.
(765 ILCS 330/0.01)(from Ch. 30, par. 37a.9) Sec. 0.01. Short title. This Act may be cited as the
Rights of Entry or Re‑entry Act. (Source: P.A. 86‑1324.)
(765 ILCS 330/1)(from Ch. 30, par. 37b) Sec. 1. No possibility of reverter or right of entry or re‑entry for breach
of a condition subsequent is alienable or devisable; and no conveyance
thereof made after the effective date of this Act shall operate in favor
of the grantee, or persons claiming under him, by estoppel, inurement of
title, or operation of Section 7 of an Act entitled "An Act Concerning
Conveyances," approved March 29, 1872, as amended. (Source: Laws 1947, p. 659.)
(765 ILCS 330/2)(from Ch. 30, par. 37c) Sec. 2. At the termination of a trust, however effected, any possibility of
reverter and any right of entry or re‑entry for breach of condition
subsequent heretofore or hereafter reserved by or to the trustee and
affecting land in this State ceases and determines as to the trustee but
shall, at such termination, pass to the person or persons who receive the
assets of the trust. (Source: Laws 1947, p. 659.)
(765 ILCS 330/3)(from Ch. 30, par. 37d) Sec. 3. When a corporation is dissolved or ceases to exist, any possibility
of reverter and any right of entry or re‑entry for breach of a condition
subsequent heretofore or hereafter reserved by or to the corporation and
affecting land in this State ceases and determines. (Source: Laws 1947, p. 659.)
(765 ILCS 330/4)(from Ch. 30, par. 37e) Sec. 4. Neither possibilities of reverter nor rights of entry or re‑entry
for breach of condition subsequent, whether heretofore or hereafter
created, where the condition has not been broken, shall be valid for a
longer period than 40 years from the date of the creation of the condition
or possibility of reverter. If such a possibility of reverter or right of
entry or re‑entry is created to endure for a longer period than 40 years,
it shall be valid for 40 years. (Source: Laws 1959, p. 579.)
(765 ILCS 330/5)(from Ch. 30, par. 37f) Sec. 5. If by reason of a possibility of reverter created more than fifty
years prior to the effective date of this Act, a reverter has come into
existence prior to the time of the effective date of this Act, no person
shall commence an action for the recovery of the land or any part thereof
based upon such possibility of reverter, after one year from the effective
date of this Act. If by reason of a breach of condition subsequent created more than fifty
years prior to the effective date of this Act, a right of re‑entry has come
into existence prior to the time of the effective date of this Act, no
person shall commence an action for the recovery of the land or any part
thereof based upon such right of entry or re‑entry after one year from the
effective date of this Act, unless entry or re‑entry has been actually made
to enforce said right before the expiration of such year. (Source: Laws 1947, p. 659.)
(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 person shall commence an action for the recovery of the
land or any part thereof based upon such possibility of reverter, after one
year from the effective date of this amendatory Act. If by reason of a breach of condition subsequent created more than 40
years prior to the effective date of this amendatory Act, a right of
re‑entry has come into existence prior to the time of the effective date of
this amendatory Act, no person shall commence an action for the recovery of
the land or any part thereof based upon such right of entry or re‑entry
after one year from the effective date of this amendatory Act, unless entry
or re‑entry has been actually made to enforce said right before the
expiration of such year. (Source: Laws 1959, p. 579.)
(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 subsequent heretofore barred by this Act. (Source: Laws 1959, p. 579.)
(765 ILCS 330/6)(from Ch. 30, par. 37g) Sec. 6. This Act does not invalidate or affect (1) a conveyance made for
the purpose of releasing or extinguishing a possibility of reverter or
right of entry or re‑entry: (2) A right of entry or the transfer of a right of entry for default in
payment of rent reserved in a lease or for breach of covenant contained in
a lease, where such transfer is in connection with a transfer of a
reversion and the rent reserved in the lease. (3) A right of entry or the transfer of a right of entry for default in
payment of a rent granted or reserved in any deed or grant, or for breach
of any covenant in any deed or grant where a rent is granted or reserved,
where such transfer is in connection with a transfer of a rent so granted
or the transfer of a rent so reserved; or (4) Any rights of a mortgagee based upon the terms of the mortgage, or
any rights of a Trustee or a beneficiary under a trust deed in the nature
of a mortgage based upon the terms of the trust deed, or any rights of a
grantor under a vendor's lien reserved in a deed. (Source: Laws 1947, p. 659.)
(765 ILCS 330/7)(from Ch. 30, par. 37h) Sec. 7. If any provision of this Act or the application of any provision
thereto to any property, person, or circumstances is held to be invalid,
such provision as to such property, person or circumstances shall be deemed
to be excised from this Act, and the invalidity thereof as to such
property, person or circumstances shall not affect any of the other
provisions of this Act or the application of such provision to property,
persons or circumstances other than those as to which it is invalid, and
this Act shall be applied and shall be effective in every situation so far
as its constitutionality extends. (Source: Laws 1947, p. 659.)
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