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Construction of Covenants. Traditional Approach = strict construction (exactly as written) Modern...
Transcript of Construction of Covenants. Traditional Approach = strict construction (exactly as written) Modern...
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Construction of Covenants
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Construction of Covenants
Traditional Approach = strict construction(exactly as written)
Modern Approach = broad construction(includes similar unstated limits consistent with purpose)
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Joslin v. Pine River Development
Pine River Pond
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Joslin v. Pine River Development
Pine River Pond
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Joslin v. Pine River Development
House overlooking Pine River PondSelling price $589,900
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Suttle v. Bailey
Mesa Verde Community Center
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Rhue v. Cheyenne Homes
El Paso County – Colorado Springs Area
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Rhue v. Cheyenne Homes
House similar to the one being moved
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Termination of Covenants
1. Express time stated in covenant
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Termination of Covenants
1. Express time stated in covenant2. Statutory duration
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Termination of Covenants
1. Express time stated in covenant2. Statutory duration3. Release
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Termination of Covenants
1. Express time stated in covenant2. Statutory duration3. Release4. Merger
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Termination of Covenants
1. Express time stated in covenant2. Statutory duration3. Release4. Merger5. Estoppel, prescription, laches,
etc.
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Termination of Covenants
1. Express time stated in covenant2. Statutory duration3. Release4. Merger5. Estoppel, prescription, laches,
etc.6. Unclean hands
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Termination of Covenants
1. Express time stated in covenant2. Statutory duration3. Release4. Merger5. Estoppel, prescription, laches, etc.6. Unclean hands7. Acquiescence
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Termination of Covenants
1. Express time stated in covenant2. Statutory duration3. Release4. Merger5. Estoppel, prescription, laches, etc.6. Unclean hands7. Acquiescence8. Changed Conditions
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Cowling v. Colligan
Location of disputed property
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Cowling v. Colligan
Townhome near intersection of Westheimer & Bering