Not going to mention a deed restriction

I've seen them in a certain town nearby. The courts obviated those restrictions years ago, so they cannot be carried forward.

Paul in PA

Probably 20 years ago I pointed out a similar restriction in a certain subdivision to the grandson/grandnephew of the creators of the subdivision. Being an attorney, he had to laugh at his ancestors' goal in light of how such barriers have been removed. He swore he had no idea that they had inserted such inflammatory wording into a document in the 1920's. Currently he is one of our county commissioners.

In the late 90s I was retracing a 50+- acre tract in a nearby rural county that was last surveyed in ~1940. One of the corners was described in a very detailed paragraph that included "axle in a pile of ******head rocks". We found the corner exactly as described. I find the use of racial slang/slurs extremely distasteful and just plain wrong. I don't condone nor encourage any form of racism or use of racial terms, so I described it something like "1 1/2" Buggy Axle shaft driven in the center of a pile of oval shaped rocks approximately 6-8" in diameter". The lawyer (also a judge) that was handling the closing compared the old plat to my new one. He thought the old corner description was the funniest thing he ever saw and tried his best to get me to change my description to the exact wording of the old plat. He wasn't trying to preserve the pedigree of the corner, he just thought it was funny. He even offered to pay me $100 to change it. Of course I wouldn't. Since that day, I have no respect for His Honor, the judge and attorney. If I ever encounter him in a courtroom setting it will be difficult to keep from addressing him as "Your Dis-Honor". And he is still a judge after all this time....

I've seen many of those as well, but quite a few years ago the SCOTUS negated all of them.

And a funny thing happened several years ago. A presidential nominee (I think Supreme Court) was being raked over the coals for having lived in a house in a development that had that kind of restriction. Then someone pointed out that John Kennedy had also lived in a house like that. The issue just sort of vaporized after that.

FYI the deed was from 1946...not 1846 🙁

> FYI the deed was from 1946...not 1846 🙁

In 1846 everyone was occupied keeping the Irish out

We have found those in our area but they mention what type of race not stating whites only. A more modern twist is a condo plat which states the members of the HOA will vote on who get to buy a condo. The title companies wouldn't insure title for 20 years so the association finally removed it.

Pretty typical around here until the early 1960's

I was trying to post a pic of a subdivision from 1942 that I just worked in. That Subdivision Plat says: 7. "No persons of any Race, other than the Caucasian Race, shall use or occupy any building, or any lot, except occupancy by domestic servants of a different Race, will be allowed, when domesticated with and owner or tenant."

BTW, FTW: My client is an African-American. 🙂

Carl

I think you should mention the restriction on your map. My standard note covers the situation you describe and others like "no motor homes parked in the driveway more than 14 weeks a year".

My note says "Restrictions 1 through 4, 6, 9, and 12 through 22 are not matters of survey and have not been addressed." The exact numbers vary of course, but you get the idea. Most of the restrictions I see have nothing to do with survey and I want to explicitly state on the plat that they have not been addressed.

Larry P

> Where it makes mention that .."No house shall be constructed and occupied except by those of the white race"...:-X

I've seen the same excluding Jews or African Americans specifically. But the oddest is: "No spirituous, vinous or fermented liquors of any kind shall be manufactured or sold, either at wholesale or retail, upon said premises" for a prohibition era development consisting of hundreds of lots.

> I think you should mention the restriction on your map. My standard note covers the situation you describe and others like "no motor homes parked in the driveway more than 14 weeks a year".
>
> My note says "Restrictions 1 through 4, 6, 9, and 12 through 22 are not matters of survey and have not been addressed." The exact numbers vary of course, but you get the idea. Most of the restrictions I see have nothing to do with survey and I want to explicitly state on the plat that they have not been addressed.
>
> Larry P

:good:

agreed. If you are citing matters of record you need to include All of them.
It is not your place to exclude the ones you don't like.

BTW: for the last 20 or 30 years the Preliminary Title Reports I have seen list those with a note kinda like "not valid by law".

> Where it makes mention that .."No house shall be constructed and occupied except by those of the white race"...:-X

Yeah, I've blown those off. Pretty much everything that isn't about the construction location of the house, I blow off.

Also, they are very standard for around here up until the 60's.

There is a lot in a nearly non-existent little town a half mile from my house that has a similar restriction dating to sometime in the 1890's I believe. I mentioned this detail to a fellow who had lived on that property in the late 1940's. He admitted he had no knowledge of that restriction. But, although none had been manufactured or sold on the premises during his period of ownership, boatloads had been consumed by residents, visitors, family and friends through the years.