Can A Discriminatory Deed Be Enforced?
August 29th, 2008 By Peter G. Miller
Deeds often reflect the societal attitudes common at the time they were drawn up — sometimes decades and even centuries ago. Such language is not enforceable today, it is “merely” objectionable.
Why is discriminatory deed language not enforceable? Because in 1948 the Supreme Court in Shelley v. Kraemer ruled that such deed restrictions could not be enforced.
When next the property is sold or refinanced, ask if the deed can be updated to remove such language. Speak with an attorney for specifics.
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