Removing Discriminatory Provisions from Deeds

Study your deed. TexasLawHelp's I want to remove a discriminatory deed provision guide explains how to get a copy if you do not have one on file.

A "discriminatory provision" would forbid the transfer to, or use by, certain classes of people. Expect the discriminatory language to be blatant and focused on race, color, religion, or nationality.

If you do not have a copy of your deed, you can get one. Contact the tax appraisal office and county clerk’s office in the county where the property is located. The conveyance instrument that contains the discriminatory provision should be on file in the county clerk's office.

Racially discriminatory deed restrictions are illegal in Texas, and cannot be enforced. See Texas Property Code 5.026. The restrictions may nonetheless still be there on paper. The court can order such provisions removed.

The order removing a discriminatory deed provision is a “finding of fact and conclusion of law” that goes on file in the county clerk’s office along with the other documents affecting that piece of land.

This means that a judge has determined that the discriminatory language was there; is void and not enforceable, and is considered to be removed from the conveyance instrument (usually the deed).

Two types of people can file a petition to remove the discriminatory provision:

1. the person who owns the real property, or
2. another person (ideally a lawyer) with the permission of the owner.

This applies when the "chain of title"—the history of who has owned the property—includes a document with a discriminatory provision in it.

File a petition to remove a discriminatory provision in the district or county clerk's office in the county where the land is.

Nothing. A court clerk may not collect a filing fee for filing a petition to remove a discriminatory restriction in a deed. 

If you need a new, certified copy of your deed from the county clerk's office, ask your county about their fees.

Yes, there are forms for removing discriminatory deed provisions. TexasLawHelp offers them as part of this guide: I want to remove a discriminatory provision from my deed. 

You can also draft them yourself because the law includes the information that needs to go into the form. See Texas Property Code 5.0621.

Or, you can hire a lawyer to draft them for you. For help finding a lawyer, use TexasLawHelp's Legal Help Directory.