Section 442.403

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 442

Effective - 28 Aug 2022, 2 histories   

  442.403.  Restrictive covenants relating to discrimination invalid — effect — no liability by existence of covenant in document filed by specific date — refusal to record, when — certificate of release of prohibited covenants. — 1.  Any restrictive covenant recitals on property, real or personal, found in any deeds, plats, restrictions, covenants, or other conveyances of any type or nature, filed for record at any time in the office of the recorder of deeds in any county that relate to the race, color, religion, or national origin of any person shall be void and unenforceable and shall be ignored, as if the same never existed.

  2.  Any person or legal entity with an interest in real property or any agent of such person or entity, shall not incur any liability by reason of the mere existence of a restrictive covenant described in subsection 1 of this section in any document filed for record before May 3, 1948, in any recorder of deeds' office.

  3.  No deed recorded on or after August 28, 2022, shall contain a reference to the specific portion of a restrictive covenant purporting to restrict the ownership or use of the property as prohibited under subsection 1 of this section.  A recorder of deeds may refuse to accept any deed submitted for recording that references the specific portion of any such restrictive covenant.  The person who prepares or submits a deed for recording has the responsibility of ensuring that the specific portion of such a restrictive covenant is not specifically referenced in the deed prior to such deed being submitted for recording.  A deed may include a general provision that states that such deed is subject to any and all covenants and restrictions of record; however, such provision shall not apply to the specific portion of a restrictive covenant purporting to restrict the ownership or use of the property as prohibited under subsection 1 of this section.  Any deed that is recorded after August 27, 2022, that mistakenly contains such a restrictive covenant shall nevertheless constitute a valid transfer of real property.

  4.  Any restrictive covenant prohibited under subsection 1 of this section may be released by the owner of real property subject to such covenant by recording a certificate of release of prohibited covenants.  The real property owner may record a certificate either prior to recording of a deed conveying real property to a purchaser or when such real property owner discovers that such prohibited covenant exists and chooses to affirmatively release the same.  A certificate may be prepared without assistance of an attorney but shall conform substantially to the following certificate of release of prohibited covenants form:

Certificate of Release of Prohibited Covenants

Place of record: ____________________

Date of instrument containing prohibited covenant(s): ______

Instrument type: _________________________

Deed book ______ page ____ or plat book _______ page_____

Name(s) of grantor(s): ________________

Name(s) of current owner(s): ________________

Real property description: ______________________

Specific description of prohibited covenant, including a citation to the location within the instrument: ______________________

The covenant contained in the above-mentioned instrument is released from the above-described real property to the extent that it contains terms purporting to restrict the ownership or use of the property as prohibited by 442.403, RSMo.

The undersigned (is/are) the legal owner(s) of the property described herein.

Given under my/our hand(s) this ________ day of ________, 20__.

________________

________________

(Current owners)

(County/city) of ____________.

State of Missouri

Subscribed and sworn to before me this ________ day of ________, 20__.

________________

Notary public

My commission expires: ____________

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(L. 1993 H.B. 741, A.L. 2022 H.B. 1662)