Frequently Asked Questions

Q: What is a racial covenant?

A: Covenants restrict the ways in which landowners may use their property. Racially restricted covenants prevented blacks and people of color from owning and/or developing land in particular areas of Durham County. This form of segregation was practiced all over the United States, however.

Sometimes these covenants are easy to find. The racial part of the restriction is explicit, such as the phrase "no persons of Negro blood." Or terms meant to describe people of color were left out to privilege whites, such as the phrase "only members of the white race."

Others may refer to a property being restricted to the building of a single-dwelling unit, except for an additional space, like a garage or apartment, suitable for the overnight stay of a "colored" or "Negro" servant.

Q: How should I put in any comments about this deed that I feel the project team should know about, or add any text in the deed that I find somewhere else that I think is also discriminatory, segregationist, or harmful?

A: If you see additional discriminatory, segregationist, or insensitive language that you believe should be noted about this document, please list it in the text box just before you close the task. You will be prompted with a question, so that you will have this opportunity for every deed you examine.

Please note that this is not a required task. However, if you feel that something in the document amounts to a racial restriction, but is not contained in a covenant, please let us know.

Q: I found a document that refers to a burial plot, not a residential lot. It seems to have a racial covenant. What do I do about this?

A: A burial plot is a property deed. We have found a few deeds that restrict burial plots to "the dead of the white race," and there may be more with different, but similar, racially restrictive language. These should be counted as racial covenants. If you come across a deed that is about a burial plot, please treat it the same way you treat a residential property deed: note the covenant, and write in the complete text that contains the covenant.

Q: What does the phrase "shall run with the land" mean?

A: A property deed with a racially restricted covenant may also have an additional restriction which declares that the racial restriction shall "run with the land." This restriction means that no matter what parties take possession of the deed in the future, the racial restriction will be a permanent part of the deed, unless the new owners take additional legal action.

This additional clause in a covenant ensured that only whites could own the property in perpetuity. Federal law made these restrictions illegal in the 1980s; however, many existing properties still have deeds containing racial covenants. Property owners must take action to have the racial covenants removed and the deed re-issued, to finally erase the covenant.

Q: What is a plat book number?

A: A plat book number is a reference number assigned to a portion of a city under development. Plat books are public records of maps which show divisions of land into blocks, parcels (such as subdivisions or commercial strips), and housing lots. The plat book number and page connects the deed to its corresponding map record, so that the property can be located on a map.

The plat book number can be found in a section explaining the geographical contours of the plot. For example, phrases like "northwest corner," "36' east," or "100 ft" outline physical features of this property.

Q: What is a grantor?

A: A grantor is the party who is offering the deed for sale (the seller).

The grantee may be listed on the top left of the deed you are examining. The grantor may also be called "the party of the first part" within the text of the deed.

Q: What is a grantee?

A: A grantee is the party who is buying the property listed in the deed (the buyer).

The grantee may be listed on the top right of some deeds. The grantee may also be called "the party of the second part" within the text of the deed.

Q: What is the role of an additional party, or parties, to a deed?

A: When a deed is transferred, as in the case when a large piece of property is sub-divided, the deed grantee may be represented by someone who signs the deed on their behalf.

In these cases, there will be an additional section signed by a Notary Public. It is this documentation which proves they have the right to sign on behalf of the landowner.

Signing a document in front of a Notary Public is common in the transfer of property deeds.

Q: How do I find the subdivision?

A: Subdivision names are sometimes listed within property deeds. Some subdivision names may be recognizable, and some may not. However, you do not need to be a subdivision "expert" to discover a subdivision name if one is noted in this deed.

Subdivisions are the titles of plats, the legal name for what are commonly known as lots, or that area of land to which a deed refers. They will be found in a section of the deed detailing the geographical contours of the plot. For example, phrases like "northwest corner," "36' east," or "100 ft" indicate that this section details the size of this property.

Q: What is the executed date?

A: The executed date is when the deed was signed by the purchaser in front of a Durham County Deeds Officer.

This date usually comes near the top of the deed, such as the first paragraph, or at the very bottom.