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Published byAlban Fox Modified over 9 years ago
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Construction of Covenants
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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 Pond Selling 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 covenant 2. Statutory duration
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Termination of Covenants 1. Express time stated in covenant 2. Statutory duration 3. Release
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Termination of Covenants 1. Express time stated in covenant 2. Statutory duration 3. Release 4. Merger
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Termination of Covenants 1. Express time stated in covenant 2. Statutory duration 3. Release 4. Merger 5. Estoppel, prescription, laches, etc.
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Termination of Covenants 1. Express time stated in covenant 2. Statutory duration 3. Release 4. Merger 5. Estoppel, prescription, laches, etc. 6. Unclean hands
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Termination of Covenants 1. Express time stated in covenant 2. Statutory duration 3. Release 4. Merger 5. Estoppel, prescription, laches, etc. 6. Unclean hands 7. Acquiescence
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Termination of Covenants 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
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Cowling v. Colligan Location of disputed property
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Cowling v. Colligan Townhome near intersection of Westheimer & Bering
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