Discriminatory Language in Deeds

Starting in the 1920s, many neighborhood covenants throughout the region allowed only white people to rent or own property. Fair housing laws made these covenants unenforceable in the 1960s, but a new state law allows owners to strike the them from property deeds.  As of January 1, a new law allows owners to file a request with the county auditor striking the discriminatory language from the deed. There’s no fee to file a “restrictive covenant modification” document, which legally strikes the provisions from the deed, although it does not physically erase the words.

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Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.