Plat Act Affidavit

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.

Rev. 7/2021

What is the Affidavit For Purpose of Plat Act Requirement?

Why is this affidavit a requirement?

When did this affidavit take effect?

Why is it recommended to have the municipal planning official sign this affidavit?

Where can I get a copy of the affidavit form?