Covenants That Discriminate On Race – ARE STILL A PROBLEM

Facts

The property was subject to a discriminatory restrictive covenant recorded in 1953 that stated: "No race or nationality other than the white race shall use or occupy any building on any lot, except that this covenant shall not prevent occupancy by domestic servants of a different race or nationality employed by an owner or tenant." In 2017 Plaintiffs obtained the property by deed referencing that the deed was subject to covenants. Plaintiff then filed suit to "have the discriminatory restrictive covenant declared void and to 'strike that same subsection from public record and eliminating it from the title of the property.'" The County contested the motion arguing that "documents in a chain of title are not to be physically altered once recorded. Even when a document is recorded in error, it is not destroyed. Instead, a corrected document is re-recorded." The County "emphasized that the integrity of a property lot's chain of title is based on