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Old deeds w/ restrictive covenants – Now woke
Posted by tickmagnet on May 6, 2021 at 12:51 pmWhat’s better, learn from history or erase it?
“….Most folks really just aren’t aware this kind of language exists in their documents,” said Rep. Javier Valdez, a Democrat who represents northeast Seattle and sponsored the bill, which was backed by Realtor lobbyists. “Once they become aware, they want to do something about it.”
The language is painful, even if it’s no longer enforceable, Smick said.
“That was a real hurtful time in our history and so I just think it should be taken off so we don’t have to be reminded of it,” she said…..”
https://www.sacbee.com/news/business/article251203089.html
dmyhill replied 2 years, 10 months ago 19 Members · 30 Replies- 30 Replies
Well, guessing your use of a current buzzword will get this thread 86??ed, but this is clearly a discussion that??s gonna be had. As I??ve heard more about it from friends and acquaintances in the past week than all times prior out together.
And my response, when I??ve been prodded into weighing in- has been that people have no idea what the scope and implication of ??erasing? all those documents mean, and that walking around and burning down every county courthouse in America would likely be a more efficient way of effectively collapsing the land title institution as we know it.
One day while researching in the Register of Deeds Office a local attorney came in to do some research of his own. I took that opportunity to mention a specific addition to the town where he lived. He smiled and said he happened to own some land there. So, I asked if he had ever read the list of covenants detailed on the official plat. As he said he had not I was already pulling out the plat. I pointed to the list of covenants, which he found fascinating. Then he laughed out loud and said, “Well, that one is totally unenforceable.” Then I suggested to look near the bottom of the plat for the owners’ signatures. He laughed again and said, “That’s my grandfather and his brother.” The list of covenants allowed more hogs and/or mules than anyone who might have had an ancestor native to a specific continent.
On the flip side of the coin, someone posted on one of the predecessor’s to this current forum about certain covenants and deed restrictions in the Old South. For example, a buyer could not have the surname of Lincoln, Grant and other Yankee names. Or simply, no Yankees, period.
I know of a lot in a nearby town that sold in the 1890’s with the deed restriction that no intoxicating liquors or medicinal drugs would ever be sold on that lot. I told this to a fellow who I knew had lived there at one time. He assured me he had never sold any on that property, but much had been consumed.
I’ve read the restrictive covenants of one plat that excluded everyone except “..Baptists in good standing with the church”. Specific racial color was also a requirement.
From a 1920’s plat: “..no structure costing less than $4000 shall be erected..” Nowadays that wouldn’t cover the permits and connection fees.
“One cannot judge how far they’ve traveled without knowing from where they started.” – Lao Tzu
Why fix something once when you can fix it again for even more money. ????
The bills support by the Real Estate lobbyist’s is the surprising part / not surprising part.
They want to get in front of this
Ha! I fancy myself more of a pragmatist, but I guess I’ll take it.
From where I sit these artifacts serve as a mirror of sorts, not to convict us of the past but to prevent repeating it. That ‘enlightened’ view is easy to hold when my ancestors weren’t the victims of oppression. I suppose there may be a heretofore unknown segment of the family (as proven by recent events) embroiled in this as victim or oppressor. That’s unimportant today. The fact that mistakes remembered are less oft repeated holds true.
Same with the saying that ‘traditions are solutions to problems that society has forgotten’.
Based on the Supreme Court ruling it appears the Hatfield’s can prevent anyone named McCoy from ever acquiring what is now their land if the covenant is clearly aimed at anyone of any race named McCoy.
@thebionicman – amen
The original town plat of my little hometown (1850s) has a restriction that if any intoxicating liquors are ever made or sold on a lot, then the lot was forfeited and proceeds of the forfeit sale were to fund public schools. We have bars and a brewery, so I guess it was unenforceable (or no one ever cared to).
The town park was also not to be used by animals, or for a market, yet we have a weekly farmer’s market and plenty of dogs!
If I spent a good part of each day searching for reasons to be aggrieved, this would still be far down my list. They’ll probably go after et ux next. I supposed I’ll stay ahead of the curve and label adjoiners as: John B. Doe and Jane E. Doe (Married) as opposed to John B. & and Jane E. Doe.
If the fragile folks who get upset by ugly words could experience true hardship, much of this silliness would evaporate.
It really is shocking to see MANY old plats in Florida ban ownership by anyone who was ??…Jew, Hebrew, Black, African, not of Caucasian…??, etc… People can truly be horrible.
I could only imagine the reaction of one buyer if they looked at their plat that excluded anyone of ??Hebrew descent? – the buyer was in Tel Aviv, Israel! ????
Here in California its boilerplate on all title reports.
Its been a non-issue for my 40+ years
ATTACHMENT
Attached is the document you (or someone on your behalf)
requested. As required by Section 12956.l(b)(l) of the California
Government Code, please take note of the following:
“If the document contains any restriction based on race, color,
religion, sex, sexual orientation, familial status, disability, handicap,
national origin, genetic information, gender, gender identity, gender
expression, source of income (as defined in California Government
Code ?? 12955(p)) or ancestry, that restriction violates state and
federal fair housing laws and is void, and may be removed pursuant
to Section 12956.2 of the Government code. Lawful restrictions
under state and federal law on the age of occupants in senior
housing or housing for older persons shall not be construed as
restrictions based on familial status.”
If this cover page is a copy which has been transmitted to you by
facsimile, email or other form of electronic transmission, please
note that the notice above appears in the original cover page in 14-
point bold face type.- Posted by: @awm
I could only imagine the reaction of one buyer if they looked at their plat that excluded anyone of ??Hebrew descent? – the buyer was in Tel Aviv, Israel!
The folks in Tel Aviv are very well aware that these covenants exist. They may be dismayed by such things, but not surprised.
If you’re disturbed by restrictive covenants on plats or in deeds, your head will explode when you learn about the State of Oregon’s Black Exclusion Laws.
thats boilerplate everywhere. What I??ve seen of late is the suggestion that these docs are actually physically removed from records. Which is what I was referring to when speaking to the scope and implications…
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