Mary Olberding: Hampshire Register of Deeds Responds

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Published: 03-09-2025 4:44 PM

The Gazette article “Racism still being handed down in Northampton deeds” [Feb. 28] refers to work done by me and the Hampshire Registry of Deeds to find restrictive covenants in our deeds. Restrictive covenants, here, is language that prohibits certain discriminatory action as a condition of transferring the deed to another party. The language is unenforceable per Supreme Court decision Shelly v. Kraemer in 1948 and expressly prohibited by the Fair Housing Act of 1968.

Massachusetts General Law Ch. 184 sec. 23B declares any such instrument as void. None of these actions removed the discriminatory language, which was the point by those who promulgated racism. They wanted the words to live beyond them and their ownership of the property. The records are public, maintained in perpetuity, and would say to the community that only their kind of whites were welcome.

In these turbulent times, it is not clear that Supreme Court precedent or acts of Congress will stand after the current president. So, when I met with the Northampton Reparations Commission, they agreed to my recommendation to clear the chain of title. With permission of the property owner(s) on Maynard Road, Ridgewood Terrace or Blackberry Lane in Northampton, I will file an affidavit clearing the title to property so that the discriminatory language can be removed by an attorney in future conveyance. There is no charge for the preparation or filing of the affidavit with the Registry for property on these streets only. Please contact the registry at hampshirereg@sec.state.ma.us for assistance.

Mary Olberding

Hampshire register, Belchertown

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