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• f7hil,~~ fc'lHe.r; {r; ZIIO A DEQUATE legal descriptions are essential in many types of legal J-\... instruments - for instance in deeds, wills, contracts to sell real estate, and in mortgages. A deed to land without an adequate legal description is valueless. In fact, the courts have said that a legally sufficient description is equally as important as a grantor ( one who conveys the land) and a grantee (one who receives it). For this rea­ son, the use of a uniform system of description is highly important. What is an adequate description? The Illinois Supreme Court has said it is one that will enable a surveyor to locate the land involved. The courts have been faced with many problems involving descrip­ tions of land and are often confronted with accepting or rejecting ambiguous or erroneous descriptions. Most court cases involving legal descriptions come about through the use of what is known as "common descriptions." Some such descriptions have been upheld, others have not. In one case, the grantor described the property as "my lands in Sections 16 and 17, Auburn Township, Sangamon County, Illinois, commonly known as the Barr farm." The court upheld this descrip­ tion as legally sufficient since "my lands" could be readily located on the basis of the description. In another case involving the construction of a will, the description of "my house and lot in the town of Patoka, Illinois," was upheld as sufficient. At no time had the grantor ever owned any other house and lot in Patoka. In a third case, the descrip­ tion "the southwest part of the northeast fractional quarter of Section 36" was held void since there was no specification of quantity. In still another case, a description reading "the SouthYz of the North­ east ~ of the Southeast Yz of Section Nineteen" was held void be­ cause of uncertainty. Although descriptions of varying form and completeness have been upheld by the courts, as the above examples demonstrate, a uniform system of legal description that would make locating land easy and accurate would obviate many court hearings and costly litigation. It is the purpose of this circular to explain the basis for and the system of legal description commonly used in Illinois.

Most Legal Descriptions Based on Government Survey System The system most frequently used to describe land for legal pur­ poses in Illinois and most of the Midwest is based on the rectangular survey system used in the Government Survey. Land in Illinois was

2 G30,7 rfLfcc V10. ~()6 { LEGAL DESCRIPTIONS OF ILLINOIS REAL ESTATE 3 surveyed by government surveyors during the years 1805-1855, the major part of the work being done between 1815 and 1835. In the rectangular survey system, land is described according to its distance from two fixed lines, one at right angles to the other. One line is a true north-south line and is called the principal meridian. The other line, an east-west line, is called the base line. Meridians. Principal meridians are not located on geographic longitude. Contrary to popular understanding, they were established to meet surveying needs in a given area by government surveyors, who determined them with reference to natural objects. The Third Principal Meridian, which roughly cuts Illinois in two, is located about 9 miles west of the 89th geographic meridian. It was established as a line running true north from the point of confluence of the Ohio and Mississippi rivers (Fig. 1). Its exact location is 89 degrees, 10 minutes, and 30 seconds west of Greenwich, England. Greenwich is the starting point for all longitudinal measurements since longitude 0 degree passes through it. The Fourth Principal Meridian was established for surveying lands located between the Illinois and Mississippi rivers. It begins at a point near Beardstown and is along a line straight north from the mouth of the Illinois river near Grafton. The longitudinal reading of this line is 90 degrees, 28 minutes, and 45 seconds west. The Second Principal Meridian, used in descriptions of some land in Illinois, is located in Indiana. Its reading is 86 degrees, 28 minutes, and 0 seconds west. Not all principal meridians are numbered. Some, such as the Michi­ gan and Louisiana Meridians, are named for the state in which they are located. Others are named for territorial features; for example, the Indian Meridian in Oklahoma and the Salt Lake Meridian in Utah. There are over 30 principal meridians in the United States. Principal Meridians do not always extend from one state into another. The Third Principal Meridian is located entirely within Illinois; the Fourth Principal Meridian, however, extends into Wis­ consin and is the reference line for all land descriptions in Wisconsin and for some in northeast Minnesota. Base lines. The true east-west line under the rectangular survey system is called a base line. Like the principal meridians, the base lines were arbitrarily established by the government surveyors. There is at least one base line for each meridian. The base line for the Second and Third Principal Meridians is the same. It is a latitudinal line with a

There There

meridians. meridians.

guide guide

called called are are meridians meridians principal principal for for those those and and

parallels

standard standard called called

are are

lines lines base base for for lines lines Correction Correction roads. roads. ship ship

town­ in in

"jogs" "jogs"

of of

form form the the

in in today today exists exists this this of of evidence evidence The The ners. ners.

cor­

corresponding corresponding have have

not not

will will line line correction correction a a of of sides sides opposite opposite on on

located

sections sections

result result

a a as as

and and next, next, the the to to line line correction correction one one from from

worked

Surveyors Surveyors

miles. miles.

24 24 every every occur occur they they later later surveyed surveyed areas areas

in but but

located, located,

irregularly irregularly

are are lines lines these these Illinois Illinois In In lines. lines. base base and and

meridians

principal principal

the the from from

distances distances various various at at lines lines correction correction lished lished

estab­

surveyors surveyors

government government

accurate, accurate, measurements measurements their their keep keep to to fore fore

There­

Pole. Pole.

North North the the

at at

converge converge would would extended, extended, if if meridians, meridians, the the

surface,

earth's earth's

the the of of

curvature curvature the the of of Because Because lines. lines. Correction Correction

border. border. Wisconsin-Illinois Wisconsin-Illinois the the with with coincides coincides

line base base

This This

Minnesota. Minnesota.

of of parts parts and and Wisconsin Wisconsin in in land land describing describing

for

used used line line

base base

second second

a a has has Meridian Meridian Principal Principal Fourth Fourth The The

north.

seconds seconds

30 30

and and

minutes, minutes, 0 0 degrees, degrees, 40 40 is is line line this this of of location location

geographical The The

Beardstown. Beardstown. near near Meridian Meridian that that of of beginning beginning the the from from

west

straight straight

runs runs

Meridian Meridian

Principal Principal Fourth Fourth the the for for line line base base The The

Centralia.

near near

point point a a

at at

Meridian Meridian Principal Principal Third Third the the intersects intersects It It

equator. the the of of

north north

seconds seconds 20 20 and and minutes, minutes,

28 28 degrees, degrees, 38 38 of of reading reading

t t

~ ~ .

~ ~

1) 1) (Fig. (Fig.

Illinois. Illinois. in in lines lines base base

and and

meridians meridians "'f "'f Principal Principal

.." .."

~ ~

~ ~

800 800 No. No. CIRCULAR CIRCULAR 4 4 LEGAL DESCRIPTIONS OF ILL! OIS REAL ESTATE 5 are no guide meridians in Illinois. Correction lines for base lines were established to take care of mechanical errors. Townships. A township, as the term is to be used in this discussion, means a regular unit of 36 square miles. This is the so-called Land Office or Congressional Township and is not to be confused with civil townships of greater or less size. Because the township is a political subdivision in Illinois and because county lines do not always coincide with Land Office township lines and range lines, a named civil town­ ship mayor may not contain 36 square miles. In legal descriptions, only Land Office or Congressional Townships are used. In the rectangular survey system, lines were established every six miles from the base line and from the meridian. The east-west lines are called township lines and form the northern and southern bound­ aries for individual townships. The north-south lines established each six miles are called range lines and form the eastern and western boundaries of townships. The townships thus established are six miles on each side and are described according to their distance from the meridian and base lines in terms of the township and range lines. For example, townships between the meridian and the first range line east of the meridian are said to be in Range 1 East, while those located be­ tween the third and fourth township lines north of the base line are described as Township 4 North. To locate a single township, both the township and range readings are used. Thus a township located between the first and second town­ ship lines north of the base line and between the third and fourth range lines east of the meridian is described as Township 2 North, Range 4 East (Fig. 2). A township located between the second and

~ 0 T2N 0: R4E UJ Description of townships accord­ ~ ing to township and range lines. BAS LINE (Fig. 2) it U 13S a: R3W a..

36 36 35 35 33 34 34 33 32 32 31 31

25 25

26 26 27 27 28 28 29 29 30 30

24 24 23 23 22 22 21 21

20 20

19 19 3)

(Fig. (Fig. township. township. a a in in t t

numbered

are are

sections sections

How How

3 3 1 14 14 5 5 1 16 16 17 17 18 18

II II 0 0 1 9 9 8 8 7 7 I 2 1

I I

I I

3 2 2 3 4 4 5 5 6 6

quarter­

fractional fractional

four four

remaining remaining The The . . sections ter ter r a qu - lf a h ular ular g re

two and and

sections sections

quarter quarter

regular regular two two into into 6, 6, Section Section t t xcep e

township, township,

a

of of

sides sides

west west

and and

north north

the the on on sections sections ll ll a g in d i iv d b su by by made made

generally

were were

assignments assignments

the the Illinois, Illinois, throughout throughout es es i var used used e e dur e c

pro­

the the

Although Although sections. sections.

the the of of one-half one-half ter ter u o the the to to irregularities irregularities

the

assign assign

to to

directed directed

were were

surveyors surveyors l l genera n n I ). ). 31 nd nd a , 30 19, 19, 18, 18,

7,

(6, (6,

sections sections of of

tier tier

west west

the the in in appear appear ll ll wi ts ts n me measure west west and and

east

in in

surpluses surpluses or or

Shortages Shortages 6). 6). to to 1 1 ( ( sections sections of of r r tie northern northern the the in in

appear

will will

measurements measurements

south south and and north north in in ses ses lu p ur s or or ages ages short all all

Thus

township. township.

a a

of of

sides sides

west west and and north north the the on on ons ons secti to to ned ned ig s

as­

be be

would would

surpluses surpluses

or or

shortages shortages all all that that ed ed n mi r dete as as w it it , , ip sh

town­ a a

of of

sections sections all all

in in

errors errors small small having having oid oid v a To To t. t. n amou s s i th

contain

not not do do

sections sections

many many errors, errors, surveying surveying and and ines ines l f f o e e rgenc e v

con­

the the of of

because because

But But

acres. acres. 640 640 contains contains y y ll theoretica ion ion t sec A A

. township the the of of corner corner east east h t sou e e th

in

36 36

Section Section

reaches reaches

it it

until until forth forth and and back back goes goes then then ering ering b m u n he he T

3).

(Fig. (Fig. 6 6

Section Section

of of

south south

or or below below immediately immediately ocated ocated l is is 7 7 tion tion ec S

6.

Section Section

to to

west west

proceeding proceeding and and township township the the of of r r e n cor t t theas nor e e th

in

1 1

Section Section

with with

beginning beginning

36, 36, through through 1 1 y, y, l tive u consec mbered mbered u n e e r a

Sections

sections. sections.

differentiate differentiate to to used used system system numbering numbering the the d d e sh li

estab­

law law

Federal Federal

located. located.

is is it it which which in in section section the the dentify dentify i to to y y r sa

neces­

is is it it

township, township,

a a

within within land land describe describe and and locate locate To To . . h ac e e e il m

square

1 1 of of

sections sections 36 36

into into divided divided is is township township Each Each Sections. Sections.

given. be be

also also should should

state state

and and county county The The Meridian. Meridian. Principal Principal rd rd i Th

the of of

West West 3 3

Range Range

South, South, 3 3

Township Township be be would would above above

e e l examp the the

~

in in

township township

second second the the

of of

description description the the of of part part latter latter he he t ved, ved, l invo

is Meridian Meridian

Principal Principal

Third Third the the if if Thus Thus description. description. the the in in d d de u cl

in­

be be

must must

involved involved

meridian meridian principal principal The The West. West. 3 3 Range Range uth, uth, o S

3

Township Township

as as

described described

is is meridian meridian the the of of west west lines lines range range third third

and

second second

the the

between between

and and line line

base base the the of of south south lines lines township township ird ird th

800 800 No. No. CIRCULAR CIRCULAR 6 6 LEGAL DESCRIPTIONS OF ILLINOIS REAL ESTATE 7

quarter sections of about 40 acres each are commonly called govern­ ment lots. In Section 6, there are 7 government lots along the north and west edges of the section. Some sections in Illinois are irregular in size or shape for reasons other than converging lines or surveyors' errors. An 1816 treaty be­ tween the Indians and the United States involving land in northeast Illinois has had a permanent effect on Illinois land descriptions. This treaty granted the government a strip of land approximately 20 miles wide from Lake Michigan along the Chicago river to its junction with the Des Plaines river and thence to near the point where the Des Plaines river joins the Kankakee river to form the Illinois river (Fig. 4) . Government surveyors apparently worked from both sides up to the Indian boundary and the result is many fractional sections of irregular size and shape. Another Indian boundary near the Wabash river in southeastern Illinois has caused similar situations. Subsections. Since most tracts of Illinois land that are the subject of a description are smaller than a full section, it is nearly always necessary to describe land within a section. In the Government Survey, each section was divided into regular quarter sections of 160 acres each. Under a law passed in 1805, markers were established at each

Location of Indian boundaries in Illinois. Inset shows effect of these boundaries on section lines. (Fig. 4) 8 CIRCULAR No. 800

quarter-section corner of every section, except at the center of the section. Each quarter section thus established is described according to its geographical position as the Northeast, Northwest, Southwest, or Southeast Quarter. Tracts smaller than a quarter section are ordi­ narily described according to their fractional part of a quarter section and their location within the quarter. The square 40-acre tract in the southwest corner of a section would be described as the Southwest one-fourth of the Southwest one-fourth of the section, or in abbreviated form, the SW;4 of the SW;4 (Fig. 5).

NW 1/4 1600.

E 1/2 3200.

I

I N 1/2, SW 1/4 800.

NII2,SE 114, SWI/4 200. SW 1/4, SW 114 400. 5WI/!l,5E1/4, 5E 1/4,5E1/4, 5WI/4 5W I/4 10",. 10",.

___ L-_ ~- Descriptions used in fractional sections. (Fig. 5)

Plat Act. When tracts of land are reduced to less than 5 acres, the Plat Act may apply. This Act specifies that when the owner of land subdivides it into two or more parts, anyone of which is less than 5 acres in area, he must have the land surveyed and a plat made. LEGAL DESCRIPTIONS OF ILLINOIS REAL ESTATE 9

Metes and Bounds System Sometimes Used Although Illinois was surveyed under the rectangular survey sys­ tem, many tracts of land in this state are described either partially or wholly under a much older system known as the metes and bounds system. This system describes the land according to its boundaries and their measurements. It is frequently necessary or desirable to use metes and bounds descriptions in combination with the rectangular survey system, especially when rivers, lakes, and in some instances highways form a part of the boundary. Starting point. Any description according to the metes and bounds system must have a point of reference or starting place. The descrip­ tion then continues specified distances along lines called courses until the tract has been circumscribed and the starting point reached. It is necessary that the "calls" or recitals of distance and direction describe an enclosed tract. If they do, the description is said "to close." The starting point of metes and bounds descriptions in Illinois may be the quarter-section corners of the Government Survey. These points may be ascertained by reference to the original or restored corner markers. Metes and bounds descriptions sometime involve topographic fea­ tures as a point of reference or starting point. Trees, stones, rivers, or lakes referred to in this connection are called natural monuments. Government Survey corner markers, fences, and highways are called artificial monuments. A disadvantage in using monuments, natural or artificial, in descriptions is that they may be moved, destroyed, or obliterated. Cou rs es a nd distances. Courses are lines identified by their direc­ tion. Distances are linear measurements along these lines. There are many ways used to describe a course. Some involve the use of monu­ ments. A description of this type might read in part: "Starting at the big oak tree, thence 317 feet to the maple tree...." A course, however, is generally described in terms of its angular relation to a point of reference. The point of reference ordinarily used is a meridian, or true north and south line. The course is given in terms of angular measurement to the meridian. Such a course is also called the bearing of the line. A circle is composed of 360 divisions, called degrees. A degree is made up of 60 minutes of 60 seconds each. Thus a true east direction forms an angle of 90 degrees and no minutes with a true north-south

this this in in

are are rivers rivers

or or

lakes lakes

on on bordering bordering Lands Lands boundaries. boundaries. ar ar ul tang

rec­

regular regular

have have land land

of of tracts tracts all all Not Not

boundaries. boundaries. Irregular Irregular

device. device.

measuring measuring

a a as as

long long

feet feet

16J;2 16J;2

pole pole a a

of of use use

the the

from

derived derived

is is

"rod" "rod"

term term The The

pole. pole. or or perch perch a a called called Also Also a a

chain chain 100 100 / 1 inches; inches; 92 92 . 7 ...... :. :. .... link link 1 1

links

100 100 rods; rods; 4 4 feet; feet; 66 66 ...... chain chain 1 1

chains

10 10 rods; rods;

40 40 mile; mile; ~ ~ feet; feet; 660 660 ...... furlong 1 1

s link

25 25 feet; feet;

Yz Yz

16

. . rod ••••••• ••••••• • • 1 1 .•••• .••••

a a

chains 80 80

furlongs; furlongs;

8 8 rods; rods; 320 320 feet; feet; 5,280 5,280 ...... mile mile 1 1

alents. alents.

equiv­

their their

and and

measurements measurements used used commonly commonly of of table table a a is is Here Here

chain.

legal legal the the as as long long as as half half are are chains, chains, two-pole two-pole

called

chains, chains,

These These

land. land.

Illinois Illinois of of surveying surveying the the of of much much in in used used

were

links links 50 50

having having

chains chains

Actual Actual inches. inches. 7.92 7.92 of of links links 100 100 of of posed posed

com­ is is and and

long long

feet feet

66 66 is is

chain chain A A used. used. frequently frequently also also are are chains chains

though

used, used,

commonly commonly

most most the the are are rods rods and and feet, feet, Miles, Miles, line. line. a a

along

distances distances

describe describe

to to used used are are measurement measurement of of units units Many Many

compass.)

a a of of means means

by by

course course any any determining determining in in considered considered be be

must

variation, variation,

magnetic magnetic

called called north-south, north-south, true true from from deviation deviation This This

present. be be will will

deviation deviation

certain certain a a Pole, Pole, North North magnetic magnetic the the and and Pole Pole

North

geographic geographic

the the of of

location location in in difference difference the the of of Because Because south. south.

and

north north

true true

of of

indicator indicator

an an as as reliable reliable entirely entirely not not is is compass compass (A (A

6). (Fig. (Fig.

line line

north-south north-south

true true the the of of east east degrees degrees 45 45 is is course course the the

that

meaning meaning East, East,

degrees degrees

45 45 North North as as described described be be would would direction direction

northeast

a a in in

course course A A

given. given. is is reference reference of of point point the the and and meridian meridian

the the

with with

formed formed

angle angle the the course, course,

angular angular an an describing describing In In

line. line. -< -<

NT NT POI

TING AR T S ' '

t ~/

r-v r-v

v tANGLE// tANGLE//

"-OU 1 - 45

- /~,;f 1 1

/-~

t t

/ 1 1

/

1 1

V V

/

// 1 1

6) . .

Fig ( system. system. bounds bounds

~ ~ ~

~ 1

"-..,

135-'ANGLE 135-'ANGLE

d

n a metes metes the the

by by

described described

tract tract a a of of Sketch Sketch

POINT POINT "/ "/

'I ' ' REFERENCE REFERENCE

I I J'y J'y

£ £ A,,~'/ A,,~'/

1 c.f-' c.f-'

I // //

/

4 , ,

1 / /

1

800 800 . . No

CIRCULAR CIRCULAR 0 0 1 LEGAL DESCRIPTIONS OF ILLINOIS REAL ESTATE 11 category. Descriptions of land bordering on such irregular boundaries are likely to include phrases such as "... to X river, thence along X river. ..." As a general rule in Illinois unless the deed expressly states otherwise, the description will be interpreted to mean a tract with one boundary at the center line or thread of the stream. This means the middle line between the shores without considering the loca­ tion of the channel. In the case of navigable rivers or streams, the ownership of the stream bed is burdened with the right to navigation on behalf of the public. Lake boundaries are in a somewhat different class from river boundaries. Title to the beds of lakes, which are navigable and meandered,l is in the state in trust for the people. In other natural lakes, owners of property abutting the lake own to the center of the lake. Ownership of the beds of artificial lakes depends upon the words of conveyance used in transferring shoreline properties. There is no presumption that the conveyance includes any part of the bed to such lakes. Highways and streets are sometimes used as boundaries in legal descriptions, especially if the highway forming the boundary is curved or irregular. Descriptions of land abutting public highways in Illinois will be interpreted to include a portion of the right-of-way unless the wording makes it clear that ownership does not include such a portion. This rule does not apply, however, where the public owns the right­ of-way in fee simple absolute (complete title), nor when a city street is involved. Under I1linois law, when the plat for city property IS recorded, title to the streets shown on such plat vests in the city.

Quantities and Exceptions Although not advisable, descriptions by quantity are used occa­ sionally. An example would be a description of land as the "... north­ east 40 acres of the northeast quarter of section...." The courts would probably interpret such a description to mean a regularly shaped tract in the form of a square of 40 acres with its northern boundary coinciding with the north side and its eastern boundary coinciding with the east side of the northeast quarter of the section. Quantities are frequently used following a particular description in regular form. The courts have uniformly held that statements of this nature are merely descriptive and do not determine the quantity transf erred.

1 A meandered lake is one shown on the government surveys by meander or traverse lines run along the water's edge to show the area of the water. Meander lines do not constitute boundaries.

80 80 1 8-66 -5 0M-9 1

. . 4 191 191

, , 0

3

June June and and 8 8

May May s s s re g

Con

by by

approved approved s s

. . Act or

Direct

HOWARD, HOWARD,

B. B.

LOUIS LOUIS

.

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coo e e

ricultur Ag

of of

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s s

State

United United the the

and and , , e

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Illinoi

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Univer : :

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Economic

Home Home

and and

riculture riculture g A in in Work Work ion ion s Exten Cooperative Cooperative

958 1 , ,

September

Illinois Illinois Urbana, Urbana,

preparation.! preparation.!

its its in in

Engineering, Engineering,

Civil Civil in in

Instructor Instructor Eldridge, Eldridge, H. H. W. W. of of

assistance assistance

the

acknowledges acknowledges

gratefully gratefully He He

Bar. Bar. Illinois Illinois the the

of of

member member and and law law Agricultural Agricultural in in

Associate

Research Research and and

Instructor Instructor

formerly formerly

Elson, Elson,

J. J. James James by by prepared prepared was was circular circular (This (This

document document legal legal a a of of part part be be

to is is

description description the the

if if

attorney attorney an an of of services services the the Obtain Obtain • •

correspond correspond two two the the

that

see see

to to

sketch sketch

the the against against description description the the check check and and

section

the the in in

land land

the the Locate Locate necessary. necessary. be be may may as as tions tions

sec­

quarter-quarter quarter-quarter

and and quarter, quarter, half, half, into into it it dividing dividing

section,

a a

sketch sketch

description, description, a a formulated formulated having having After After • •

books books plat plat commercial commercial or or receipts receipts

tax

example, example,

for for

descriptions; descriptions; unofficial unofficial on on rely rely not not Do Do • •

care care extreme extreme Use Use • •

­

descriptions descriptions legal legal formulating formulating when when DO DO TO TO WHAT WHAT

ambiguity. ambiguity. any any avoid avoid

to

exceptions exceptions

drafting drafting

in in

exercised exercised be be must must Care Care described. described. be be ill ill w

portion er er

ll

sma the the

"excepting" "excepting" word word the the after after and and ed ed b descri e e b ill ill w

tract

larger larger

The The

exception. exception.

an an contain contain frequently frequently ll ll wi description description the the

,

description

a a in in

included included

be be to to not not is is tract tract a a of of portion portion certain certain a a If If

description. of of

forms forms the the of of

e e l reliab east east l the the are are Quantities Quantities . . distances

and

courses courses

than than e e l reliab

more more are are monuments monuments that that and and monuments, monuments,

artificial than than

reliable reliable

more more are are monuments monuments or or ndaries ndaries u bo l l natura

that

held held have have

courts courts the the

description, description, a a in in exists exists conflict conflict Where Where

800 800 No. No. CIRCULAR CIRCULAR 12 12