May 23, 2012

Can A Discriminatory Deed Be Enforced?

Question: Our deed contains a discriminatory clause. Is it enforceable?

Answer: No. Deeds often reflect the societal attitudes common at the time deeds were drawn up -- sometimes decades and even centuries ago. Such language is not enforceable today. See an attorney for details.

When next the property is sold or refinanced, ask if the deed can be updated to remove such language.


Written by Peter G. Miller.

© 1997 Peter G. Miller. All Rights Reserved. Rules, Disclaimers & Notices.


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