Unlawful Restrictive Covenants

NOTICE

As of December 1, 2021, Public Act No. 21-173 (the “Act”) defines “unlawful restrictive covenant” to mean any covenant or other provision in an instrument affecting the title to real property that purports to restrict ownership or occupancy of such real property on the basis of race.  The Act declares Unlawful Restrictive Covenants to be void.

The Town Clerk shall provide a standard form or affidavit to any owner of real property who cares to identify an unlawful restrictive covenant. The owner may file either an affidavit or form with the Town Clerk to identify the volume and page of the land records for the instrument or instruments that contain the unlawful restrictive covenant.

The Town Clerk shall record such affidavit or form, and to the extent practicable, notate the indices to the land records accordingly to reflect the invalidity of unlawful restrictive covenant.  No Town Clerk may assess any recording fee for the filing of such affidavit or form.

Please see Town Clerk for the form or affidavit, or see the attachments below.

Posted 11/9/2021