The Color of Law on the old Allen Farm

Restrictive covenants are a “list of obligations that purchasers of property must assume … For the first half of the 20th century, one commonplace commitment was a promise never to sell or rent to an African American”. [1] These covenants gained popularity after the Supreme Court’s 1917 decision in Buchanan v. Warley.

Rothstein’s book The Color of Law mentions examples from Brookline, MA; Arlington, MA has examples of it’s own. We’ll look at one from an East Arlington deed dating to 1923. Credit to Christopher Sacca for finding these documents.

First, a land plan to establish content. Below is the subdivision plan for a farm owned by Herbert and Margaret Allen. I count a little over 200 lots in this subdivision. The plan itself states that “no single house shall cost less than $6,000 and no double house shall
cost less than $8,000″. This language also appears in the property deed.

Plan of Allen Park, Arlington Mass.  Dated June 1923.

One of the deeds from these parcels appears in book 4631 page 218 and book 4631 page 219, in the Southern Middlesex registry of deeds.

Here’s page 218; the deed begins at the bottom.

Allen Farm Deed.  Southern Middlsex registry of deeds.  Book 4631, page 218.

Here’s page 219. The racial covenant appears halfway down the page. It reads “No sale or lease of any said lots shall be made to colored people, no any dwelling on any said lots be sold or occupied by colored people”.

Allen farm deed (continued).  Southern middlesex registry of deeds, book 4631, page 219.

The 1920’s were a time of significant residential growth in Arlington, as farmers (called “Market Gardeners” at the time) subdivided and sold off their land. This example shows that Arlington, MA landowners employed some of the same discriminatory tactics for segregation as other communities in the United States. It would take further research to determine how common the use of such covenants was early twentieth-century Arlington.

pdf of the deed.

Footnotes

[1] The Color of Law. Richard Rothstein. pg. 78