Let’s talk about racially restrictive covenants in #RaceAndRealEstate.
A racially restrictive covenant specifies or singles out and restricts a race of people from buying, leasing, or occupying a specified piece of land. Most covenants “run with the land” and are legally enforceable on future buyers of the property. #RaceAndRealEstate
Racially restrictive covenants were common from the 1920s–1948 and targeted mainly Blacks and Jews. If an owner violated the restriction, they could be sued and held financially liable. Given this legal obligation, racial restrictions were rarely contested. #RaceAndRealEstate
Racially restrictive covenants were a “work-around.” The practice of private, racially restrictive covenants evolved as a reaction to the Great Migration of Southern Blacks and in response to the ruling of a U.S. Supreme Court case. #RaceAndRealEstate
This 1917 U.S. Supreme Court ruling declared racial zoning unconstitutional, but it only dealt with legal statutes. This left the door open for private agreements, such as restrictive covenants, to continue to perpetuate residential segregation. #RaceAndRealEstate
QUESTION 10:
Have racially restrictive covenants been disbanded or do they still exist? #RaceAndRealEstate
Have racially restrictive covenants been disbanded or do they still exist? #RaceAndRealEstate
Racially restrictive covenants were declared unenforceable in 1948. But they were still woven into the deeds of millions of homes. Some say they can be found in almost every community if you look hard enough. The language can be found in the trail of paper. #RaceAndRealEstate
If there is a covenant on your property which is obsolete, you can make an application to the Upper Tribunal Lands Chamber, which used to be known as the Lands Tribunal, asking for the covenant to be discharged or modified. #RaceAndRealEstate
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