Removing Discriminatory Provisions from Deeds
Discriminatory Deed Provisions
In this article, you will learn basic information about removing discriminatory provisions from deeds and other official real property transfer documents.
How do I know if my deed contains a discriminatory provision?
Study your deed. A provision of this nature will include language that supposedly prohibits use by or transfers the property to people because of their race, color, religion, or nationality. Expect the discriminatory language to be blatant.
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.
Who can apply for removal of a discriminatory provision from a recorded conveyance instrument?
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.
What is the legal effect of an order removing a restrictive provision?
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).
Where do I file a petition to remove a discriminatory deed provision?
File a petition to remove a discriminatory provision in the district or county clerk's office in the county where the land is.
How much does it cost to file a petition to remove a discriminatory deed provision?
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.
Are there forms for removing discriminatory deed provisions?
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.
Related Guides
I want to remove a discriminatory provision from a deed.
Discriminatory Deed Provisions
Related Articles
-
Understanding the General Warranty Deed
This article provides information on implied warranties, express warranties, and seller-beware scams. -
Who Is My Landlord?
This article explains how to find out the owner and management of any residence you lease in Texas. -
Living with Deed Restrictions
This article provides information on restrictive covenants and other deed restrictions. -
Contract for Deed
This article tells you about contracts for deed. -
What Court Staff Can and Cannot Do
Information on what type of services a court can offer. -
Legal Research: Steps to Follow
This article provides an overview of the process of conducting legal research.
Related Forms
Petition to Remove Discriminatory Deed Provision
CRP-DDP-100-Petition to Remove Discriminatory Deed Provision
Order to Remove Discriminatory Provision
CRP-DDP-101-Order to Remove Discriminatory Provision