In re Estate of Cargola

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2017 IL App (1st) 151823
Decision Date: 
February 17, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Justice: 
CUNNINGHAM
Holding: 
Affirmed.

Court properly dismissed Petitioner's complaint for adverse possession. Jointly refinancing with property owner showed acknowledgment of owner's superior title to property, and thus she cannot be an adverse possession. Owner permitted Petitioner to reside at property, and her use of property was thus permissive and not hostile or adverse. (HOFFMANN and DELORT, concurring.)