Lot-and-Block System
The third method of legal description is the lot-and-block (recorded plat) system. This system uses lot-and-block numbers referred to in a plat map filed in the public records of the county where the land is located. The lot-and-block system is often used to describe property in subdivisions and urban areas.
A lot-and-block survey is performed in two steps :
- First, a large parcel of land is described either by metes and bounds or by rectangular survey.
- Once this large parcel is surveyed, it is broken into smaller parcels.
As a result, a lot-and-block legal description is always a smaller part of a metes-and-bounds or rectangular survey description. For each parcel described under the lot-and-block system, the lot refers to the numerical designation of any particular parcel. The block refers to a large part of the subdivision under which the map is recorded. When properly signed and approved, the subdivision plat is recorded in the county in which the land is located.
The plat becomes part of the legal description. In describing a lot from a recorded subdivision plat, three identifiers are used:
- Lot-and-block number
- Name or number of the subdivision plat
- Name of the county and state
Illinois Plat Act
Under the Illinois Plat Act, when an owner divides a parcel of land into two or more parts, any of which is less than five acres, the parts must be surveyed and a plat of subdivision recorded. An exception to this would be the division of lots or blocks of less than one acre in any recorded subdivision that does not involve the creation of any new streets or easements of access. When a conveyance is made, the county recorder may require an affidavit that an exception exists.
The provisions of the Illinois Plat Act are complicated and subject to interpretation by each county recorder. Anyone attempting to record a document conveying land should consult a lawyer and the county recorder about the requirements involved.
Legal Descriptions
A Licensed surveyor is the only one responsible for preparing a Legal Description.
The legal description is part of a Survey. This legal description is then copied into the Deed and Title Insurance documents on closing of a real estate sale.
Legal descriptions should be copied with extreme care. An incorrectly worded legal description in a sales contract may result in a conveyance of more or less land than the parties intended. For example, damages suffered from an incorrect description could be extensive if buildings and improvements need to be moved because the land upon which the improvements were made is not owned. Often, even punctuation is extremely critical.
The SURVEY shows the location and dimensions of the parcel and the legal description.
A SPOT SURVEY shows the location and dimensions of the parcel and legal description, as well as the location, size, and shape of buildings and other improvements on the parcel. As a result, a SPOT SURVEY shows all easements and possible encroachments of improvements onto the surveyed property or encroachments of improvements on the surveyed property onto an adjoining property, and is required by a lender before closing a sale transaction.
Legal descriptions should not be altered or combined without adequate information from a surveyor or title attorney. The surveyor does this by preparing two documents: a boundary survey and a legal description.
It is very important for real estate licensees to be aware of various surveys and their uses. Not all surveys include surveyor liability and warranties of accuracy. Some surveys, such as an Improvement Location Certificate (ILC), are not full surveys. ILCs are prepared in a shorter time frame and at less cost, providing only the location of the structures and improvements as related to property boundaries.
Elevations
Just as surface rights must be identified, surveyed, and described, so must rights to the property above the earth’s surface. Elevations are measured to determine the legal descriptions of air rights and condominium apartments. As discussed earlier, land includes the space above the ground. In the same way land may be measured and divided into parcels, the air itself may be divided. An owner may subdivide the air above his land into air lots. Air lots are composed of the airspace within specific boundaries located over a parcel of land.
The condominium laws passed in all states require that a registered land surveyor prepare a plat map that shows the elevations of floor and ceiling surfaces and the vertical boundaries of each unit with reference to an official datum. A unit’s floor, for instance, might be 60 feet above the datum, and its ceiling, 69 feet. Typically, a separate plat is prepared for each floor in the condominium building.
Subsurface rights can be legally described in the same manner as air rights. They are measured below the datum rather than above it. Subsurface rights are used not only for coal mining, petroleum drilling, and utility line location but also for multistory condominiums both residential and commercial that have several floors below ground level.
DATUM
A datum is a point, line, or surface from which elevations are measured or indicated. For the purpose of the U.S. Geological Survey (USGS), datum is defined as the mean sea level at New York Harbor. However, virtually all large cities have local official datum that is used instead of the USGS datum. A surveyor would use a datum in determining the height of a structure or establishing the grade of a street.
The general datum plane used by Illinois surveyors is the USGS datum.
Land Measurements
Mile 5,280 Feet
Square Mile 640 Acres
Acre 43,560 Square Feet
Square Yard 9 Square Feet
Cubic Yard 27 Cubic Feet
Square Foot 144 Square Inches
Township 36 Square Miles, 6 miles square
Section 1 Square Mile, 640 Acres
