 Traditional Approach = strict construction (exactly as written)  Modern Approach = broad construction (includes similar unstated limits consistent.

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Presentation transcript:

 Traditional Approach = strict construction (exactly as written)  Modern Approach = broad construction (includes similar unstated limits consistent with purpose)

Pine River Pond

House overlooking Pine River Pond Selling price $589,900

El Paso County – Colorado Springs Area

House similar to the one being moved

1. Express time stated in covenant

2. Statutory duration

1. Express time stated in covenant 2. Statutory duration 3. Release

1. Express time stated in covenant 2. Statutory duration 3. Release 4. Merger

1. Express time stated in covenant 2. Statutory duration 3. Release 4. Merger 5. Estoppel, prescription, laches, etc.

1. Express time stated in covenant 2. Statutory duration 3. Release 4. Merger 5. Estoppel, prescription, laches, etc. 6. Unclean hands

1. Express time stated in covenant 2. Statutory duration 3. Release 4. Merger 5. Estoppel, prescription, laches, etc. 6. Unclean hands 7. Acquiescence

1. Express time stated in covenant 2. Statutory duration 3. Release 4. Merger 5. Estoppel, prescription, laches, etc. 6. Unclean hands 7. Acquiescence 8. Changed Conditions

Townhome near intersection of Westheimer & Bering