Homeowners Can Remove Discriminatory Covenants from Property Records

Was your neighborhood developed before the 1968 Fair Housing Act was signed into law? 

If so, the property record may contain discriminatory language known as racial covenants. These covenants were often added to deeds and subdivision plats decades ago by property owners, builders, and developers to block certain racial, ethnic, and religious groups from buying or living in certain neighborhoods. The covenants are no longer enforceable under federal law but they may still exist in the land records for your property and you have the power to release them. Even if your current deed does not contain discriminatory language, these covenants may still exist in earlier land records for your property.

How to Check for a Racial Covenant

Homes built in neighborhoods developed before 1968 are more likely to contain this kind of language. Homes built in neighborhoods developed after that year typically do not. However, covenants run with the land, and it is possible they may still appear in older records even if your neighborhood has been redeveloped.

Here are some ways to check your property records:

1. Search land records: All Fairfax County land records from 1742 to today are digitized and available through the CPAN system at the Fairfax County Courthouse. Staff in the Circuit Court Land Records Division can help you learn how to search for your deed and trace older records.
   • For help or more information, contact the Land Records Division at 703-246-4102 or visit fairfaxcounty.gov/circuit/land-records.
2. Check existing releases: Some neighborhoods have already taken steps to release these covenants. Land Records staff can help you check if your subdivision is already listed in those records.

How to Release the Covenant

If you find discriminatory language in your property records, you can release it by filing a Covenant Release form with the Fairfax County Circuit Court’s Land Records Division. Filing a Covenant Release does not remove the original record from land records; it formally acknowledges that the restriction is no longer enforceable.

Here’s how the process works:

1. Gather your property details. You’ll need information contained on the record containing the racial covenant, including the name of the original grantor of the racial covenant, the book and page number of the record, and its recording date. You will also need the current tax map number for your property. You can find your tax map number using the county’s ICARE property search tool.
2. Complete the form. The Covenant Release form is available online or at the courthouse. Here are the instructions on how to fill out the form. Land Records staff can also explain how to fill it out.
3. Get it notarized. The form must be notarized before it can be filed. Notary services are available at the courthouse, so you can complete the process in one visit.
4. Submit the form and pay the filing fee. File the notarized form with the Land Records Division. The filing fee depends on the number of pages.

Releasing these covenants does not change property ownership or history, however by taking this step, homeowners can ensure their property records reflect Fairfax County’s ongoing commitment to equity and inclusion for all residents.