Missouri § 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.

Missouri Statutes

§ 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.

Missouri § 442.403

Title XXIXOWNERSHIP AND CONVEYANCE OF PROPERTY

Ch. 442Titles and Conveyance of Real Estate

This text of Missouri § 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.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 442.403 (2026).

Text

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 refer

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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: