Discharging of Racial Covenants

Discharging of Racial Covenants from your Legal Property Record

Completion of Form 40.10.1 (2019)

 Background:

Racial Covenants are restrictions placed on residential properties (deeds, titles) from the 1940s to the early 1960’s.  Most homeowners do not realize these exist.  Standardized forms used during that time in real estate transactions contained these provisions which were seldom overlooked as part of the purchasing/closing process.  A Supreme Court ruling in 1948 (Shelley v. Kraemer) ruled them unenforceable and in 1953 the Minnesota Legislature prohibited their use.  However, they remain on the official records until they are legally removed – discharged.

Examples of Racial Covenants:

DATE - 1946-04-23

COVENANT

no person or persons other than of the Caucasian race shall be permitted to occupy said premises or any part thereof

DATE - 1948-04-01

COVENANT

No lot, plot, or parcel shall be sold, leased, mortgaged, used or occupied, nor any right thereto be granted, given, or permitted to any person, other than a member of the Caucasian race, except that this covenant shall not prevent occupancy by persons.

Removing them from your property title/deed:

While no longer enforceable, they remain a permanent part of your legal property record.  Completion and filing of form 40.10.1 will remove (discharge) them from the legal property record.

 Discharge Process Form:  Fill out the form:

Is a very simple process.

  1. Obtain/complete Minnesota Uniform Conveyance Form 40.10.01
    1. 10.1DischargeofRestrictiveCovenant-fillable.pdf (mn.gov)
  2. Google Mapping Prejudice - https://mappingprejudice.umn.edu.
    1. Click on “See all Covenants.”
    2. Scroll cursor over your property
    3. Click the mouse
    4. A pop up will appear that contains:
      1. Your legal description of your property (Addition, Lot, Block Number) this information goes on the first page where is asks for “The real property owned …., Fill in Ramsey in the blank and your property information – legally described as .
      2. The date of the Covenant – fill that in the first blank of question 2 on page w.
  • The document number which goes in the second blank
  1. There is no Book of ______ of ______ , Page _____ to fill in. Ramsey County does not record in that manner.
  2. Fill in the word Ramsey in the last blank
  3. At the very bottom left hand corner of the page there is a place to insert name and address after: “THIS INSTRUMENT WAS DRAFTED BY”

You write in your name and address there.

  • Be sure to sign the form in front of the notary, and not before-and bring a form of your identification with you (state i.d. or driver’s license)
  1. Have the form notarized (Come to City Hall and we will notarize it). NOTE – All property owners need to sign (Husband and Wife or Joint owners).  City Hall is open Monday thru Thursday from 7:00 AM to 5:00 PM
  2. Mail form to Ramsey County address below and Attention Todd Uecker.

 If you come to City Hall, we will notarize and mail the form for you.

  • Ramsey County Recorder’s Office
    90 Plato Blvd W 
    Saint Paul, MN 55107

ATTN: Todd Uecker

Questions:

Call City or email City Administrator Nyle Zikmund  (note, email is best)

612-860-7442

Nyle.zikmund@moundsviewmn.org