What is the term for a provision in a deed prohibiting its sale to a person of a particular race or religion, whose judicial enforcement is unconstitutional?

What is the term for a provision in a deed prohibiting its sale to a person of a particular race or religion, whose judicial enforcement is unconstitutional?

• A. Restrictive Covenant
• B. Easement
• C. Lease Agreement
• D. Mortgage Covenant

Answer: (A)

Restrictive covenants are clauses in a deed that limit how property can be transferred or who may own it. Historically, they were used to prohibit sales to people of certain races or religions. Even though such covenants exist as private agreements, when the state enforces them the action violates the Equal Protection Clause of the Fourteenth Amendment, as established in Shelley v. Kraemer. That’s why the term fits: it specifically describes a deed restriction on sale or occupancy, and the reason courts can’t enforce it highlights why this provision is unconstitutional when the government steps in to enforce it. The other options don’t describe a deed restriction—an easement is about using someone else’s land, a lease governs renting, and a mortgage covenant ties to loan terms.

Restrictive covenants are clauses in a deed that limit how property can be transferred or who may own it. Historically, they were used to prohibit sales to people of certain races or religions. Even though such covenants exist as private agreements, when the state enforces them the action violates the Equal Protection Clause of the Fourteenth Amendment, as established in Shelley v. Kraemer. That’s why the term fits: it specifically describes a deed restriction on sale or occupancy, and the reason courts can’t enforce it highlights why this provision is unconstitutional when the government steps in to enforce it. The other options don’t describe a deed restriction—an easement is about using someone else’s land, a lease governs renting, and a mortgage covenant ties to loan terms.