Register Aims To Clean Up 'Dirty Deeds' In Essex County

SALEM, MA — Southern Essex Register of Deeds Eileen Duff is launching a program aimed at "cleaning" so-called "dirty deeds" of discriminatory restrictions that may have been unknowingly passed from homeowner to homeowner over generations.

She said the goal of the program is to ensure that no new deeds in the county contain or reference exclusionary language.

Discriminatory language, including racial covenants, in land records was once a common practice as a tool to exclude certain racial and ethnic groups from accessing the housing market entirely, or in specific neighborhoods.

"Thanks to the work of Harborlight Homes and the North Shore NAACP, we have identified approximately 600 'dirty deeds' in the Southern Essex Registry's district that still contain restrictive covenants that have been declared illegal and voided," Duff said. "It is not enough to say this language is unenforceable; instead, we must ensure the language is discontinued and removed from future deeds so this language remains only as a reminder of our nation's past and a lesson for the future."

The Registry will contact the owners of the affected properties via mail and phone to offer assistance in removing any discriminatory language. This will be done through a legal affidavit and will be recorded at no cost to property owners at the Registry.

"In many cases, this language was unknowingly retained in newer quitclaim deeds when the previous deed had been used as a starting template for the new sale's deed," Duff said. "By removing restrictive language, the cycle will be broken and ensure discriminatory covenants are never included or referenced again on any active or new deed.

"I have directed my staff to no longer record any deed that includes or references such language, but we still need to address the approximately 600 active deeds that still do."

If a property owner receives a notification from the Registry of Deeds and has any questions or concerns, they can call the Registry at 978-542-1700.

(Scott Souza is a Patch field editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at Scott.Souza@Patch.com. X/Twitter: @Scott_Souza.)