Section 5.
Do I Have Restrictions on Property Ownership in My Deed?
Within your title’s history, it is possible that a past property deed contains either the racially-restrictive (“Fifth”) clause or the Northwest Arlington Association’s proof of compliance language as shown below:
Racially-restrictive clause language: “That until the 1st day of January, A.D. 1999, said premises or any part thereof, shall not be sold, leased, mortgaged, pledged, given or otherwise disposed of to, or owned, used or occupied by any person or organization of persons in whole or in part of the Negro race or blood, and this restriction shall be a condition and covenant running with the land for the benefit of any present or subsequent owner of other premises shown on said plat; provided that nothing herein shall prohibit a person, while occupying said premised in compliance with this restriction, from employing as a servant a person not of the white race.” (1)
Association’s Proof of Compliance language: “At a Special Meeting of the Board of Trustees of the Northwest Arlington Association held (specified date), (the buyers) were duly elected to Membership in the Northwest Arlington Association. The offer of Purchase submitted to said Association under the provisions of Art. IV of the restrictive deed from The Northwest Arlington Association to (subdivision) recorded in D.B. (#), Page (#), Franklin County, Ohio Deed record was declined and the sale to (the buyers) by (the sellers) was approved.” (2)
researching your deed
One of these clauses need only appear once in a single real estate transaction. Searching for these clauses requires finding the complete history of transactions that have occurred for the property.
If your Upper Arlington property:
Was originally deeded between 1926 - 1950, and
Is located south of Fishinger Road OR in the Windermere-on-the-Scioto plat (generally bounded Riverside Drive, Fairfax Drive and McCoy Road)
one of its previous deeds is likely to have a racially-restrictive covenant. To research your chain of title, please contact the Franklin County Recorder’s office or a real estate attorney.
A sample Abstract of Title from our archival collection with all recorded deeds for a single parcel of property.
The same Abstract of Title highlighting the only page containing the racially restrictive clause.
Do I Need to Take Action?
No. The racially-restrictive clause became:
Unenforceable with the 1948 Supreme Court ruling in Shelley v. Kraemer
Illegal with the 1968 Fair Housing Act passed by the U.S. Congress
Void under Ohio Revised Code section 5301.05, effective in 2021
Can I Take Action?
Pursuant to House Bill 110 passed in 2021, an attorney who is preparing a deed may omit the restrictive covenant from the new deed. Note that this is a symbolic rejection of the offensive text and does not alter the language contained in the prior deeds.
When purchasing a property, your attorney can record this omission as part of the deed transfer.
To document this omission in your current property deed, please consult a real estate attorney to determine the process and associated fees.
References:
(1) Franklin County Recorder online database. Henry Miller, Edward D. Howard and King G. Thompson as Executors of the Last Will and Testament of James T. Miller, deceased to Fred S. Horner and Lorraine R. Horner, 1926 Sept 26, DB Vol 825, P 561. recorder.franklincountyohio.gov
(2) Franklin County Recorder online database. Frank W. Knoderer and Josephine L. Knoderer to James J. Blais and Dolores A. Blais, 1959 Feb 6, DB Vol 2163, P 129. recorder.franklincountyohio.gov