June 2008

Volume 1 | Number 1

Procedural Updates

SEARCH STANDARDS FOR ILLINOIS

The following chart contains brief information about ATG's search standards for conveyances and judgment and lien searches that you can copy and take with you when conducting searches, or provide to your search provider. Please note that it is important to review the complete explanations of these standards, provided after the chart, to be sure you are fully complying with the requirements.

Type of Property Search Period
Any property where prior title evidence has been provided. From the Date of Policy of the prior; forward for conveyances, judgments, and liens.

Five (5) years for real estate taxes.
Subdivided residential land, no prior title evidence, where the exception below does not apply. 20 years, plus a review of the plat, declaration, and first deed for conveyances. See the explanation below about reviewing the plat.

20 years for judgments and liens.

Five (5) years for real estate taxes.
Subdivided residential land, no prior policy, where the subdivision plat or plat of condominium was recorded at least ten (10) years ago and contains ten or more lots or units. From the recording date of the subdivision plat or plat of condominium was recorded at least ten (10) years ago and contains ten or more units.

20 years for judgments and liens.

Five (5) years for real estate taxes.
Unsubdivided land, and all commercial and non-residential land. Back to 1900, plus a review of the plat, declaration, and first deed, if any, for conveyances.

20 years for judgments and liens.

Five (5) years for real estate taxes.
 

a. Subdivided Residential Land

In the case of subdivided residential land, the search for conveyances, judgments and liens must go back 20 years. The real estate taxes must be searched for a 5-year period. Subdivided residential land includes property divided into lots pursuant to a plat of subdivision and intended for or containing homes, townhomes where individual units sit on separate subdivision lots, and duplexes, but not apartment buildings. It also includes condominium units created pursuant to the Condominium Property Act.

There is an exception to the 20-year rule. If the subdivision or condominium was created a minimum of 10 years ago, and there are 10 or more lots or units, the conveyance search may be conducted beginning with the recorded plat. The judgment and lien search must nevertheless cover a 20-year period. If there are less than 10 lots or units, then a 20-year search must be conducted.

In addition to a search conducted pursuant to either of the two rules stated above, the searcher must provide copies of the plat, any declaration of covenants, conditions, and restrictions, whether attached to the plat or separately recorded, and the first deed using the legal description from the plat. This requirement must be followed, even if the plat and declaration pre-date the 20-year search period.

  1. The purpose of reviewing the plat is to determine that the property was platted in accordance with statute, and raise any necessary exceptions if it was not, because the plat is the basis for the legal description insured.
  2. The purpose of reviewing the declaration is to determine whether it contains any rights of reversion or possibilities of forfeiture.
  3. The first deed conveying the lot being searched must be reviewed to uncover any restrictions created by that deed. To find this deed, the searcher should search the name of the subdivision developer in the Grantor Index or find the first deed following the plat in the Tract index if available.

b. Unsubdivided Land, All Commercial Property, or other Non-Residential Land

In the case of unsubdivided land, all commercial property, or any other non-residential property, the search for conveyances must go back to the year 1900. The judgment and lien search must cover a 20-year period and the real estate tax search must cover a 5-year period. If the property is subdivided, then the searcher must obtain copies of the plat, any declaration and the first deed, even if they pre-date 1900.

If you have questions, please contact the ATG Underwriting Department, [email protected], 217.403.0020, or 312.752.1990.

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