Construction of Covenants

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Construction of Covenants

description

Construction of Covenants. Construction of Covenants. Traditional Approach = strict construction (exactly as written) Modern Approach = broad construction (includes similar unstated limits consistent with purpose). Joslin v. Pine River Development. Pine River Pond. - PowerPoint PPT Presentation

Transcript of Construction of Covenants

Page 1: Construction of Covenants

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