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Jefferson County Recording Information |
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Recording real estate deeds in Jefferson County, Illinois.
The county clerk is responsible for recording real property transactions for the county. Among the documents recorded are warranty deeds, grant deeds, quitclaims, easements, and other instruments pertaining to real property located in the County.
I. Illinois Recording Act
Deeds, mortgages, and other instruments of writing that are authorized to be recorded will take effect and be in force from and after the time they are filed for record as to all creditors and subsequent purchasers, without notice. All such deeds and title papers will be judged void as to all such creditors and subsequent purchasers, without notice, until the same is filed for record.
From the time they are filed for record, deeds, mortgages, and other instruments of writing related to real estate shall be deemed notice to subsequent purchasers and creditors, though not acknowledged or proven according to law; but the same shall not be read as evidence, unless their execution be proved in the manner required by the rules of evidence applicable to such writings, so as to supply the defects of acknowledgment or proof.
II. Recording Guidelines
Documents should consist of one or more individual sheets of white paper measuring 8.5 x 11 inches. Individual sheets should not be permanently bound or in a continuous form. Graphic displays measuring up to 11 x 17 inches accompanying a document will be recorded with the document without additional fees. If an attached rider needs to be recorded with a deed, the rider should be permanently attached as an additional page on the back of the deed.
Use legible printing or typing, black ink, and a font size of at least 12 point. Signatures and dates can be in contrasting colors so long as they will reproduce clearly.
Deeds presented to the county recorder should have a blank space measuring 3.5 x 3.5 inches for the recorder’s use. This can be in the upper right corner on the first page. Failure to include this will not affect the validity of the deed. All other margins in the document should be at least ½ an inch and free from all markings.
When a deed is made a matter of record, it shall have the names of the parties signing the instrument typed or printed below or next to the signatures, including the witnesses, if any, and the names of the parties or officers taking acknowledgment.
Signatures of the parties executing the instrument shall be acknowledged by a notary public.
A deed must contain the name and residence of the grantor, the consideration exchanged for the property, any covenants of warranty, the grantee’s name and address, and a legal description of the real property. In addition, the grantor’s original signature must be present.
Provide the name and address of the owner to whom subsequent tax bills are to be sent.
Whenever a metes and bound description is used in the legal description of real property, the metes and bounds description should contain the section, township, and range with an identifiable point of beginning.
An affidavit for purposes of the plat act is required to accompany a deed when 1) a metes and bounds legal description is given, 2) when roadway easements and right of way (ingress or egress) are designated, or 3) when a division of land five acres more or less is noted on a deed of transfer.
Declaration of Value
An Illinois Real Estate Transfer Declaration (PTAX-203) must be filed with deeds and any non-exempt transactions. The information requested on this form is requested by the Illinois Real Estate Transfer Tax law. All parties involved in the transaction must complete the form truthfully. This form is used to collect sales data and to determine if a sale can be used in assessment ratio studies. It is also used to compute equalization factors, which are used to help achieve a statewide uniform valuation of properties based on their fair market value.
If the property transfer is exempt from transfer tax, the PTAX-203 form is not required. A specific exemption number should be noted on the deed presented for recording. The Illinois Department of Revenue webpage has a list of exempt transactions. The form can be completed online or as a hard copy.
III. Conveyances
In a deed whereby any estate of inheritance in fee simple shall be limited to a grantee and his heirs or other legal representatives, the words “grant,” “bargain,” and “sell” are judged an express covenant to the grantee, his heirs, and other legal representatives that the grantor was the owner of an indefeasible estate in fee simple, which is free from encumbrances done or suffered by the grantor, except the rents and services that may be reserved. Further, this includes the covenant for quiet enjoyment against the grantor, his heirs, and assigns unless limited by specific language. The grantee, his heirs, executors, administrators, and assigns, may in action, assign breaches, as if such covenants were expressly inserted in the deed.
A deed that “conveys and warrants” real property will be considered and held a conveyance in fee simple to the grantee and the grantee’s heirs or assigns with the following covenants on the part of the grantor: (a) that at the time the deed was made and delivered, he was the lawful owner of an indefeasible estate in fee simple in and to the premises described in the deed, and had good right and full power to convey the premises so described: (b) that the described premises were then free from all encumbrances; and (c) that he warrants to the grantee, his heirs, and assigns the quiet and peaceable possession of such premises, and will defend the title thereto against all persons who may lawfully claim the same. Such covenants shall be obligatory upon any grantor, his heirs, and personal representatives, as fully and with like effect as if they were written at length in the deed.
A quitclaim deed, when duly executed, is deemed and held a good and sufficient conveyance, release, and quitclaim to the grantee, his heirs, and assigns, in fee of all the then existing legal or equitable rights of the grantor in the premises described in the deed. A quitclaim deed does not extend to after-acquired title unless this intention is specifically added to the deed.
Adverse Possession: Any person claiming right or title to lands, tenements, or hereditaments, although he/she may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey, or transfer his or her interest in and to the property, in the same manner as if he/she were in actual possession of the lands intended to be conveyed. The grantee will have the same right of action for the recovery thereof, and will, in all respects, derive the same benefit and advantage therefrom, as if the grantor had been in the actual possession of the property when the conveyance was executed.
After-acquired Title: If a person sells or conveys to another, by deed or conveyance, purporting to convey an estate in fee simple absolute, in any tract of land or real estate, and is not then possessed of the legal estate or interest therein at the time of the sale and conveyance, but shall later acquire the legal estate after the conveyance and sale, it shall be taken and held to be in trust and for the use of the grantee. The conveyance will be valid as if the grantor had been in possession of the legal estate at the time of conveyance.
Any instrument conveying real property, whether described by metes and bounds or otherwise, which abuts on to any road, street, highway, or alley, will be deemed and construed to include any right, title, or interest in that part of such road, street, highway, or alley that the abutting owner making the conveyance shall presently have or, which such owner, his heirs, successors, and assigns shall subsequently acquire unless the instrument specifically excludes this in the description of the property. However, no such covenants or agreements made by the maker of any such instrument with respect to any real property specifically described will apply to or be enforceable with respect to any right, title, or interest that is acquired solely in this manner. |
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Information For Jefferson County, Illinois |
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| No current information available for Jefferson County |
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Jefferson County E-Recording |
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| Record your
Jefferson County documents now, online,
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Recorder Office
Information |
| Jefferson County Clerk |
| 100 South 10th St., Room 105, Mount Vernon |
| 8:30 to 4:30 M-F |
| Phone: (618) 244-8020 |
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