Legal Definitions - forty

A "forty" is an archaic term used to describe a specific parcel of land, traditionally encompassing forty acres and typically laid out in a square shape. This measurement originated from the historical U.S. Public Land Survey System. Under this system, a standard "section" of land, which measured 640 acres, was first divided into four equal quarters (each 160 acres). One of these 160-acre quarters was then further divided into four smaller, equal parcels, each measuring 40 acres. These 40-acre parcels were commonly referred to as "forties."

Here are some examples illustrating the use of "forty":

• Historical Land Transaction: Imagine a pioneer family in the 19th century selling a portion of their homestead. Their deed might specify, "We hereby convey the northwest forty of our original claim to John Doe."

  Explanation: This example demonstrates how "forty" was used in legal documents to precisely define a specific 40-acre square parcel of land located in the northwest corner of a larger property, indicating a clear unit of sale or transfer.

• Property Record Research: When a modern land surveyor researches old property boundaries for a new development, they might encounter historical plat maps or deeds that refer to "the east forty of Section 15."

  Explanation: Even though modern transactions use more precise metes and bounds or lot numbers, this historical reference clearly identifies a specific 40-acre square tract that was once a distinct unit of ownership or division within a larger surveyed section.

• Agricultural Planning: In the early 20th century, a farmer planning crop rotation might refer to different parts of their land by these traditional divisions. They might say, "We'll plant corn in the south forty this year and let the north forty lie fallow."

  Explanation: This illustrates the practical use of "forty" as a recognized unit for managing and distinguishing specific areas within a larger farm, allowing for clear communication about land use and agricultural practices.