racially exclusive restrictive covenant

property law

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July 16, 2026

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A racially exclusive restrictive covenant was an agreement in Anglo-American property law that limited the use of property by prohibiting its sale to individuals of a certain race. These covenants were common in the United States in the early to mid-20th century.12

However, the U.S. Supreme Court declared them unenforceable in 1948, citing the equal protection clause of the 14th Amendment. Federal law now prohibits housing discrimination based on race, color, religion, sex, national origin, or handicap. While racially exclusive covenants are illegal, other types of restrictive covenants remain common, dictating property use and appearance.12

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restrictive covenant
Racially exclusive restrictive covenants, which were widely used in the United States during the first half of the 20th century, were declared unenforceable in 1948 by the Supreme Court under the equal protection clause of the Constitution’s 14th Amendment. U.S. federal law now prohibits discrimination…
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Racially exclusive restrictive covenants, which were widely used in the United States during the first half of the 20th century, were declared unenforceable in 1948 by the Supreme Court under the equal protection clause of the Constitution’s 14th Amendment. U.S. federal law now prohibits discrimination…
Read More