Effective - 28 Aug 2022, 2 histories
442.403. Restrictive covenants relating to discrimination invalid — effect — no liability by existence of covenant in document filed by specific date — refusal to record, when — certificate of release of prohibited covenants. — 1. Any restrictive covenant recitals on property, real or personal, found in any deeds, plats, restrictions, covenants, or other conveyances of any type or nature, filed for record at any time in the office of the recorder of deeds in any county that relate to the race, color, religion, or national origin of any person shall be void and unenforceable and shall be ignored, as if the same never existed.
2. Any person or legal entity with an interest in real property or any agent of such person or entity, shall not incur any liability by reason of the mere existence of a restrictive covenant described in subsection 1 of this section in any document filed for record before May 3, 1948, in any recorder of deeds' office.
3. No deed recorded on or after August 28, 2022, shall contain a reference to the specific portion of a restrictive covenant purporting to restrict the ownership or use of the property as prohibited under subsection 1 of this section. A recorder of deeds may refuse to accept any deed submitted for recording that references the specific portion of any such restrictive covenant. The person who prepares or submits a deed for recording has the responsibility of ensuring that the specific portion of such a restrictive covenant is not specifically referenced in the deed prior to such deed being submitted for recording. A deed may include a general provision that states that such deed is subject to any and all covenants and restrictions of record; however, such provision shall not apply to the specific portion of a restrictive covenant purporting to restrict the ownership or use of the property as prohibited under subsection 1 of this section. Any deed that is recorded after August 27, 2022, that mistakenly contains such a restrictive covenant shall nevertheless constitute a valid transfer of real property.
4. Any restrictive covenant prohibited under subsection 1 of this section may be released by the owner of real property subject to such covenant by recording a certificate of release of prohibited covenants. The real property owner may record a certificate either prior to recording of a deed conveying real property to a purchaser or when such real property owner discovers that such prohibited covenant exists and chooses to affirmatively release the same. A certificate may be prepared without assistance of an attorney but shall conform substantially to the following certificate of release of prohibited covenants form:
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(L. 1993 H.B. 741, A.L. 2022 H.B. 1662)
Structure Missouri Revised Statutes
Title XXIX - Ownership and Conveyance of Property
Chapter 442 - Titles and Conveyance of Real Estate
Section 442.010 - Definitions.
Section 442.020 - Conveyances of lands.
Section 442.025 - Conveyance to self and others to create joint estate.
Section 442.030 - Conveyance of property of spouse — covenants.
Section 442.040 - Person under eighteen years of age may join in conveyance with adult spouse.
Section 442.060 - Private or public corporations may convey real estate.
Section 442.070 - Person may convey, notwithstanding adverse possession.
Section 442.080 - Conveyances by persons under eighteen years of age binding, when.
Section 442.095 - Sections 442.090 to 442.120 applicable to whom.
Section 442.100 - Disability of minority removed to enable veterans to acquire or convey property.
Section 442.110 - Honorable discharge of veteran, evidence necessary.
Section 442.120 - Loans to underage servicemen authorized.
Section 442.135 - Descriptions of subdivided property, contents.
Section 442.140 - Execution of deeds in foreign language — translation — recording.
Section 442.145 - Personal appearance, acknowledgement by communication technology.
Section 442.150 - Proof or acknowledgment, by whom taken.
Section 442.180 - Certificate to be endorsed on conveyance.
Section 442.190 - Certificate, how made.
Section 442.200 - Identity of persons making acknowledgments, how ascertained.
Section 442.210 - Certificate of acknowledgment — contents.
Section 442.220 - Conveyances of bounty lands, how acknowledged.
Section 442.230 - Such instrument valid.
Section 442.240 - Such instrument, filed for record, to impart notice.
Section 442.250 - Copies to be read in evidence.
Section 442.260 - Proof of execution of instruments.
Section 442.270 - When proof of subscribing witness shall be taken.
Section 442.280 - What subscribing witness shall prove before certificate shall be granted.
Section 442.290 - What facts certificate of proof shall set forth.
Section 442.300 - Proof, when grantor and witnesses are dead.
Section 442.310 - Certificate of proof, when granted.
Section 442.320 - Certificate to recite evidence required by section 442.310.
Section 442.330 - Subscribing witnesses, when and how summoned to prove execution of instrument.
Section 442.340 - Remedy against persons refusing to appear and answer.
Section 442.360 - Powers of attorney, how acknowledged and proved.
Section 442.370 - When deemed revoked.
Section 442.380 - Instruments to be recorded.
Section 442.390 - Notice imparted from time of filing for record.
Section 442.400 - Not valid until recorded.
Section 442.410 - Deeds to be recorded, where record lost — fees.
Section 442.420 - "Grant, bargain and sell", how construed.
Section 442.430 - Title acquired by grantor after conveyance inures to grantee.
Section 442.440 - Conveyances to counties for their use — effect.
Section 442.450 - Conveyance to more than one — effect.
Section 442.460 - The term "heirs" not necessary to convey a fee simple estate.
Section 442.470 - Entails not allowed — the remainder in fee simple — to whom it shall pass.
Section 442.480 - Remainder to take effect on death of person without heirs — how construed.
Section 442.490 - Remainder limited to heirs of a person having a life estate — how disposed of.
Section 442.500 - Lineal and collateral warranties abolished.
Section 442.520 - A future estate, on the death of any person without heirs, how defeated.
Section 442.530 - Value of life estates — how computed.
Section 442.540 - Rule of calculation.
Section 442.555 - Rule against perpetuities, application of modified.
Section 442.558 - Transfer fee covenants not to run with title to real property — lien void, when.
Section 442.566 - Definitions.