The 4.6-Acre Split and the Plat Act
A licensed Illinois surveyor is asked to divide a 9.2-acre parcel in unincorporated county into two lots of 4.6 acres each. Both lots would front on an existing township road. The parcel contains an older house and a septic system that would remain on the west lot; the east lot would be vacant. County zoning requires a minimum lot area of 4 acres, and the planning department has not yet reviewed the split. The client wants to skip the subdivision process and simply record a metes-and-bounds deed for the new east lot, saying that a survey and plat are a waste of time because no new road is being built. The client also asks the surveyor to 'make the deed description fit the tax map' so the two lots look equal in area. The county recorder has not been consulted.
1. May the surveyor prepare only a metes-and-bounds deed description for the two 4.6-acre lots, without a plat?
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No. The Illinois Plat Act, 765 ILCS 205/1, generally requires a plat when land is subdivided into lots or blocks and the resulting lots are smaller than 5 acres. Each new lot here is 4.6 acres, so the 5-acre exemption does not apply. The fact that no new street is created does not avoid the Act. A metes-and-bounds deed alone would create an unapproved subdivision and could be rejected for recording or create compliance problems. The county subdivision ordinance may add review, access, and improvement requirements. The surveyor should tell the client in writing that a plat and county approval are required before the deed is recorded, and should not prepare a deed description designed to evade the Plat Act.
2. What must the surveyor do before the plat is recorded?
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Before recording, the surveyor should confirm zoning minimum lot size, frontage and access on the township road, setbacks, septic and well locations, floodplain, and easements. The 4.6-acre lots meet a 4-acre minimum, but the existing house and septic must be shown on the correct lot. Prepare a plat consistent with the Illinois Minimum Standards for Boundary Surveys and the county ordinance. Set monuments at all new lot corners and at controlling boundary corners. Include the surveyor's certificate and seal, owner's certificate, and county approvals. Record the plat with the county recorder and provide the client with copies. The deed should then refer to the recorded lot, not an unrecorded metes-and-bounds description.
3. The client says to 'just give me a deed' because the lender will not care. How should the surveyor respond?
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The request is not a technical shortcut; it asks the surveyor to assist a subdivision that bypasses public review. The surveyor should decline, document the advice, and offer the compliant path. If the county has said no plat is needed, the surveyor should get that in writing and still evaluate the Plat Act independently. The surveyor's seal certifies professional work, not the client's convenience. Proceeding without a plat could expose the surveyor to discipline and the client to title and zoning problems. The surveyor should also avoid backdating or altering the depiction to match the tax map, because the tax map is not a controlling boundary document.