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Starting on January 1, 2022, property owners who have an unlawful, discriminatory restrictive covenant associated with their property will be able to remove the covenant from their property deed.

The new option comes as a result of House Bill 1335 (HB 1335), passed by the Washington State Legislature during the 2021 Legislative session. The legislation provides a judicial remedy to have a restricted covenant struck from the chain of title.  

If a property owner wants the covenant removed, they go to Superior Court (paying the nominal court fee) in the county in which the property is located. Superior Court may issue a declaratory judgment action - entering an order striking the void provisions from the public records and eliminating the void provisions from the title.  The property owner bringing the action may obtain and deliver a certified copy of the order to the County Recording Office, who will record the document for no fee.

King County Archives will maintain the restrictive covenants for historical purposes, but the new process allows property owners to separate historic records from their future property transactions.

Frequently Asked Questions (FAQ)

Through legal action and filing new paperwork with the Recorder’s Office, removing a restrictive covenant strikes the void provisions from the public records and eliminates the void provisions from the title.  King County Archives will maintain the restrictive covenants for historical purposes, but the new process allows property owners to separate historic records from their future property transactions.


No. Restrictive covenants have been void in Washington since 1969. The attempt by any person to enforce such a covenant against your property would be a violation of state and federal law. Your rights are protected by existing law and do not require that you remove the restrictive covenant.

If the owner wants the covenant removed, they go to Superior Court (paying the nominal court fee) in the county in which the property is located. Superior Court may issue a declaratory judgment action - entering an order striking the void provisions from the public records and eliminating the void provisions from the title.  The property owner bringing the action may obtain and deliver a certified copy of the order to the County Recording Office, who will record the document for no fee.


There is no obligation to modify or remove it.

If anyone follows the judicial process for removing the language from a covenant, it will be effective on all properties associated with that document. King County Archives will maintain the original documents for historical purposes, but the new process allows property owners to separate historic records from their future property transactions.


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