Unlawful Language in Deeds

Removing Racist Language from Your Deed

Does your property deed or civic association governing documents have unlawful racist language? You may want to take a look, because it can be removed.

Racist language in these documents has been deemed illegal for decades, but in 2018 Delaware went a step further. Governor Carney signed Senate Bill 243 into law, providing a mechanism to simplify the process that allows property owners to remove unlawful, racist language.

Examples of such language that may appear in a deed were provided by the office of the New Castle County Recorder of Deeds:

  • At no time should land included in said tract, or any part thereof or any building erected thereon, be sold, leased, conveyed to or occupied by anyone not of the Aryan branch of the Caucasian race. This prohibition, however, is not intended to include a domestic servant or other persons, while employed in or about the premises by the owner or occupant of any land included in said tract.
  •  At no time should land included in said tract, or any part thereof or any building erected thereon, be sold, leased, conveyed to or occupied by anyone not of the Caucasian Race. This prohibition, however, is not intended to include a domestic servant or other persons, while employed in or about the premises by the owner or occupant of any land included in said tract.

The office of the Recorder of Deeds in the county where your property is located can help you get started with removing discriminatory language in your deed or governing documents.*

In New Castle County, a Restrictive Covenant Redaction Form starts the process*. Fill out the form online here. Email the completed form to the Recorder of Deeds: michael.kozikowski@newcastlede.gov.

In Kent and Sussex counties, a simple email to the Recorder of Deeds can get the process underway*:

 

*Recording Fees May Apply