765 ILCS Section 205 Plat Act – The Plat Act governs how property is to be divided in the State of Illinois. All property when divided, must be done by a Subdivision Plat, unless it meets one of the ten exceptions. This office reviews every deed that is a division before it is recorded in Madison County to ensure it does not violate the Plat Act. If a problem is discovered with a deed after recording from either an error in the legal description, Grantor or Grantee or other reason, a notification is sent to the deed preparer, Grantor and Grantee requesting a correction. (See Deed Policies for additional information)
Effective January 1, 2004, every deed recorded in the Madison County Recorder of Deeds Office will require a Plat Act Affidavit form. This Affidavit will inform Maps & Plats and the Recorders Office if property is being divided or not. It also notifies Maps & Plats as to what exemption to the Plat Act is being exercised [See Plat Act Affidavit FAQ questions below ]. A copy of the Affidavit Instructions and form is available in our office or on our website. If you need assistance in determining the correct exception to the Plat Act, please consult your private Attorney.
Municipality approval may also be needed if you are submitting a deed that creates a division of land and is within a Participating Municipality or within 1.5 miles of a Participating Municipality. The Planning Official from the Municipality should sign-off on the Affidavit to avoid future problems when trying to obtain a building permit. A listing of participating Municipalities along with names and phone numbers of the planning officials to contact can be obtained from our office or from our web page [ Participating Municipalities ] and [ Municipality Planning Officials ]. Maps are located in our office for your viewing to determine if you should obtain approval from a participating Municipality or they can be purchased in a set of three (3) for $30. NOTE: Our office only accepts cash or check for payment.
What is the Affidavit For Purpose of Plat Act Requirement?
Pursuant to Chapter 765 Illinois State Statutes 205/5a (Plat Act), the Madison County Recorder’s Office along with the CCAO/Maps & Plats GIS Division have implemented the requirement of an AFFIDAVIT FOR PURPOSE OF PLAT ACT REQUIREMENTS form. This Affidavit form will ensure that every deed recorded will be in compliance with the State Plat Act. This Affidavit form must accompany every deed recorded in the Madison County Recorder’s Office. Below is additional information about the form and the reasons behind our decision to enact this Affidavit
Why is this affidavit a requirement?
Section 205/5a of the Plat Act states, “The Recorder or the Registrar of Title of any county shall not record deeds or leases which attempt to convey property contrary to the provisions of this Act. In case of doubt, the Recorder or the Registrar of Title of any County may require the person presenting such deed or lease to give evidence of the legality of a conveyance by an affidavit as to the facts which exempt such conveyance from the provisions of this Act.”
In order for our office to follow the duties and guidelines required, as outlined in the State Plat Act, it is necessary for us to require submission of this Affidavit form with every deed submitted for recording.
When did this affidavit take effect?
This Affidavit will be required with every deed received in the Recorder of Deeds office after December 31, 2003. Any deed presented for recording from January 1 st , 2004 on, will require this Affidavit attached.
Why is it recommended to have the municipal planning official sign this affidavit?
Several Municipalities in Madison County are concerned about property divisions being made and recorded that were in violation of their local ordinances. Since the municipalities were not reviewing the land divisions prior to the property being recorded, property owners (and municipalities) were not aware of these violations at the start of the process. Many times, property owners would discover that they were in violation when they attempted to get a building permit but were denied.
This sign off recommendation will assist property owners in keeping informed and aware of their municipality’s ordinances before significant time and money is spent on prospective changes to their property that cannot be implemented. You can obtain a list of these participating Municipalities from the Maps & Plats GIS Division Office or webpage.
Where can I get a copy of the affidavit form?