§ 7404 — Repudiation of unlawful restrictive covenants

(a) Landowner may file form.--An owner of real property, including a common interest ownership community, with an unlawful restrictive covenant recorded in the instrument may file a form described in section 7405 (relating to form for repudiation) with the recorder in the county where the real property is located to repudiate the unlawful restrictive covenant.

(b) Electronic filing.--A form filed under subsection (a) shall be in writing and may be filed electronically if the county allows for electronic recording of deeds.

(c) Duty of recorder.--The recorder shall record the form submitted under subsection (a).

(d) Fees prohibited.--A recorder may not assess a fee for the filing of a form under this section.

(e) Separation of covenant from instrument.--When the form submitted under subsection (a) is properly recorded, the repudiation of the unlawful restrictive covenant is effective and does not affect the validity of the instrument. The instrument shall be construed as if the unlawful restrictive covenant was never contained in the instrument.

Legislative History

Cross References.Section 7404 is referred to in section 7407 of this title.