Lurking inside the fine print of your property deed may be evidence of structural racism in America. Dane County officials have identified 4,000 deeds that include racial covenants, which refers to exclusionary but unenforceable language that limits people of certain racial or ethnic backgrounds from occupying or buying the property.
On the City Cast Madison podcast today, host Bianca Martin talks to producer Jade Iseri-Ramos about her experience discovering such a covenant on her own property. Then, she talks to Dane County Historical Society executive director Rick Bernstein about the history of this shameful practice, and asks Dane County Executive Melissa Agard about what residents can do about it today.
Here’s a short history of racial covenants, how you can determine if your property has one, and how to resolve it.
What Is a Racial Covenant?
Racial covenants are language that were inserted into property deeds that prevented people who were not white from owning or occupying the land. Sometimes the language targeted specific people, such as Black or Jewish people, or they would say that only people of “the Caucasian race” were allowed.
They were tied to the land, which means they could be enforced in perpetuity as ownership changed hands, and anyone who challenged the ban risked forfeiting their claim to the property. While racial covenants are now illegal and no longer enforceable, the language still exists on many deeds as a reminder of past racist practice.
How To Find Out if Your Property Has a Racial Covenant
Dane County has created an interactive map that shows what properties have been found to have racial covenants. Type in your address to find out if your property is an area where deeds are known to contain such language.
What To Do if You Find a Racial Covenant
If you find a racial covenant on your property, the Wisconsin Realtors Association has set up a website where property owners can fill out a form to discharge and release discriminatory language on their deed.
Alternatively, you can visit the Dane County Register of Deeds and fill out the same form.
