I went to the Harris County Clerk's office today to check out my deed. Beyond all the legalese, the restrictions were twofold: Can't sell alcohol. No problem. Only can be owned by a "member of the Caucasian race". err... According to the clerk I spoke with, #2 the offensive clause voids the entire deed, not just the objectionable bits. I asked him what my deed was now and he said he didn't know and I should ask my neighbors. Since my neighbors either morons or combative, I thought I'd ask the BBS. Does anybody here know how I figure out what my deed restrictions are?
I'm interested in this too. My neighborhood has the same deed restrictions: but at the bottom has this stamp: I was always under the impression that everything else in the restrictions was valid. The stamp just voided the racial aspect of it.
HOLY SMOKES!!! Walk OUT, man!!!! WALK OUT!!!!! Caucasian race...? This makes me want to start a "what race are you?" thread... again...
I don't mean all at once, but when a deed is transfered during a sale or for any other reason it is touched, why not update it? Maybe I'm just being naive to the logistics.
You might want to check with the closest Houston Public Library branch. That's where I first found a copy of ours. Our HOA put them online soon after.
I suspect it is easier to amend the deed (thus the clause at the bottom rendering any clause relating to race illegal) then to change it. You can google "deed restriction caucasian" and see examples from across the country.
You can't remove deed restrictions, they run with the land. The only way you can get rid of them, I think, is if you own all the land that the restriction applies to. Race-based deed restrictions are not uncommon. They are unenforceable by the courts, and as such do not effect the value of the land. Think of it as a historical artifact. By the way, technically speaking, a deed is only a recording device that transfers title. You don't own a deed to land, you own title. Oh yeah, none of the above, in any way, shape, or form, represents legal advice.
