Racial covenant found in Washington What happened next

Have you ever felt overwhelmed by outdated property laws in states like Washington that seem unfair? Many people share this concern, facing historical restrictions that are now legally void. Knowing the law is crucial for addressing these issues, and this article will explore a notable Washington Supreme Court decision to guide you through potential solutions.

Situation

Specific Circumstances

In Spokane, Washington, a property owner found out that their land had an old rule called a “racially restrictive covenant.” This rule was from the 1950s and said that only white people could live on the property, unless they worked as servants. The owner was upset because this rule was unfair and didn’t follow the law anymore. They decided to take the matter to court to try and get the rule removed because it was not only wrong but also had no legal power.

Plaintiff’s Argument

The person who owned the property wanted the rule completely removed from the property’s title and public records. They believed that just saying the rule didn’t count anymore wasn’t enough. They wanted it erased so there would be no confusion in the future, and nobody would think the rule was okay.

Defendant’s Argument

The people from Spokane County and the county’s Auditor agreed that the rule was void and couldn’t be enforced under state law. However, they argued against changing the historical records. They said that the law didn’t allow them to change the original documents in public records and that the owner’s request wasn’t something the law permitted.

Judgment Result

The court agreed with the defendants. The decision was that the owner couldn’t make the covenant physically disappear from public records. Instead, the court decided that it was enough to have a court order filed that declared the covenant void. The ruling highlighted that current laws didn’t allow or require changing historical records, so the rule would stay on record but have no legal power. This was aligned with case number Washington No. 99598-2.

Solution

Immediate Actions

If you find yourself in a similar situation, the first thing to do is gather all the relevant documents related to your property. This includes the title and any covenants attached to it. Once you have everything, consult with a lawyer who specializes in property or civil rights law. They can help you understand your rights and the best course of action. Immediate steps involve filing a complaint with the court to declare the covenant void. It’s important to act quickly to ensure that any discriminatory covenant doesn’t cause further issues.

Filing a Complaint

When you’re ready to take legal action, your lawyer will help you draft a complaint. This document is crucial because it outlines your case for the court. You must clearly state why the covenant is discriminatory and legally void. The complaint should include references to Washington state laws like RCW 49.60.227 and RCW 49.60.224, which support your case by stating that such covenants are unenforceable. After your complaint is prepared, it needs to be filed in the appropriate court, often where the property is located. Your lawyer will guide you through this process to ensure everything is done correctly.

Negotiation and Settlement Strategies

Sometimes, going to court isn’t the only way to resolve the issue. Before or during the legal process, you may have opportunities to negotiate or reach a settlement. This could involve discussions with the county or other involved parties. A skilled lawyer can help you navigate these negotiations to achieve a favorable outcome. They will aim to ensure that the covenant is declared void and that there are no misunderstandings about the property’s status. Sometimes, a settlement can be quicker and less stressful than a lengthy court battle, but it should still protect your rights.

FAQ

What is RCW?

RCW stands for Revised Code of Washington. It is a collection of all the permanent laws currently in effect in Washington State. These laws govern various aspects of life in Washington, including property and civil rights.

Can the title change?

A court can declare a covenant void, meaning it has no legal power. However, the original title documents won’t change. Instead, a court order stating that the covenant is void can be attached to the title to make it clear.

Who can appeal?

If someone involved in the case, like the property owner or the county, disagrees with the court’s decision, they can file an appeal. This means they ask a higher court to review the case and potentially change the outcome.

What is a covenant?

A covenant is a promise or rule that is legally enforceable and is attached to real estate. It can dictate how the property can be used or who can own it. Racially restrictive covenants were used in the past to limit property ownership based on race.

How to remove it?

A racially restrictive covenant can be declared void by a court order under specific laws. While it won’t be physically removed from public records, its legal effect is nullified.

Why is this important?

Getting rid of racially restrictive covenants is crucial for addressing past injustices and promoting equality in property rights. It helps ensure that property ownership is fair and non-discriminatory.

Is this common?

In the past, racially restrictive covenants were common. However, modern laws now make them unenforceable and void, reflecting society’s commitment to equality and fairness.

Can it be reversed?

Once a court declares a racially restrictive covenant void, it cannot be reversed or enforced again. The declaration ensures it has no legal power.

Who enforces this?

Courts enforce the process by issuing orders to void covenants. County auditors might also play a role by recording these orders as part of the property records.

What is the timeline?

The timeline can vary depending on the case. It involves filing a complaint, going through court proceedings, and possibly an appeal. This process can take several months to years, depending on complexity and court schedules.