Restrictive Covenant Modification
- How to prepare and record a restrictive covenant modification document
- Restrictive Covenant Modification – Individual
- Restrictive Covenant Modification – Non-Individuals
Frequently Asked Questions
In the first half of the twentieth century, restrictive covenants were recorded on some properties in Washington which included racially restrictive provisions. These racially restrictive covenants sometimes singled out specific races that were excluded from owning or occupying the property. Other versions would limit ownership or use to one particular race. Sometimes the restrictive covenants limited ownership or use by members of certain religions.
The second source is your owner’s title insurance policy, which is typically issued at the same time the property is purchased. A title insurance policy identifies documents appearing in the public records that affect title to the property. Your policy may reference deeds recorded decades ago, or covenant documents affecting an entire subdivision. You may be able to request copies from the title company that issued your title policy, although a fee may be charged. You may also use the recording information in your title policy to get copies from the county auditor.
The referenced original written instrument contains discriminatory provisions that are void and unenforceable under RCW 49.60.224 and federal law. This document strikes from the referenced original instrument all provisions that are void and unenforceable under law.
Recording a modification document will provide notice in the land title records that the racially restrictive covenant is void and unenforceable. It will not delete the historic record. The modification document legally strikes, but does not physically erase, the void and illegal discriminatory provisions from the original document.