Recorder's Press Release about illegal covenants based on race

Published on February 21, 2025

photo of 2025-02-21 Press Release about restrictive covenants and PII

FOR IMMEDIATE RELEASE Contact: Hon Eugenia Thornton

w/302-744-2321/c 302-222-0601

Public invited to root out racist restrictive covenants in deeds

Celebrate Black History Month by eliminating ills of the past

DOVER, DELAWARE, February 20, 2025—Kent County Recorder of Deeds Eugenia Thornton requests the public's help in rooting out discriminatory language found in the restrictive covenants of their deeds.

According to Thornton, the United States Supreme Court ruled in 1948 that restrictive covenants based on race and other factors are unenforceable.

Thornton says a 1985 law made recording new documents with discriminatory covenants illegal. "Regardless, people occasionally find such covenants in our more than 6 million online recorded documents," she said. "When pointed out to us—and upon the request of the current owner--my office redacts and strikes the restrictive covenants from our online deeds database because it is illegal to limit the sale, transfer, or use of real property based on certain characteristics such as race, religion, marital status, disability, or other factors specified in code."

"This practice does not change historical, official, or archived documents, but it does amend the chain of title in the public-facing deeds database moving forward," Thornton said. "It only applies to restrictive covenants and not to any other discriminatory language of the past found elsewhere in deeds."

Donyale Hall, Chair of the City of the Dover Human Rights Commission, said, "Our nation's rich history is heavy-ladened with language that conveys 'uncomfortable truths' regarding illegal, discriminatory practices. Corrective measures are often necessary to right those wrongs. The City of Dover Human Relations Commission will do its part in raising awareness of this project and its curative focus."

"Until we find a way to have AI search it out for us, we need the public's help to let us know if they see it in their own deeds," Thornton said. "In addition to discovery by the owner, if realtors, surveyors, attorneys, title searchers, or members of the general public discover it, we want them to know we have a system in place to redact and strike it following a 2018 State law."

Thornton said, "In other counties from coast to coast, community members have taken up the search in our public records. I'm thrilled the Blue Hen Chicks expressed an early interest in potentially making this one of their community projects."

"Recorder Thornton's willingness to reach out to the public, seeking volunteers to research and review deeds is to be commended," said Reverend Rita Paige Pastor of the New Beginnings Community AME Church in Frederica. "I thank her for trying to do all she can to ensure there is less discriminatory language in our deeds and that everyone is treated fairly, equitably, and justly."

To find out more, you can contact the Kent County Recorder of Deeds at Recorder@kentcountyde.gov, call 302 744-2321, or visit the website dedicated to this issue: https://www.kentcountyde.gov/My-Government/Departments/Deeds-Office/Community-Relations/Unlawful-Restrictive-Covenants-Personal-Information.

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