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Construction of Covenants. Traditional Approach = strict construction (exactly as written) Modern Approach = broad construction (includes similar unstated.

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Presentation on theme: "Construction of Covenants. Traditional Approach = strict construction (exactly as written) Modern Approach = broad construction (includes similar unstated."— Presentation transcript:

1 Construction of Covenants

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

3 Joslin v. Pine River Development Pine River Pond

4 Joslin v. Pine River Development Pine River Pond

5 Joslin v. Pine River Development House overlooking Pine River Pond Selling price $589,900

6 Suttle v. Bailey Mesa Verde Community Center

7 Rhue v. Cheyenne Homes El Paso County – Colorado Springs Area

8 Rhue v. Cheyenne Homes House similar to the one being moved

9 Termination of Covenants 1. Express time stated in covenant

10 Termination of Covenants 1. Express time stated in covenant 2. Statutory duration

11 Termination of Covenants 1. Express time stated in covenant 2. Statutory duration 3. Release

12 Termination of Covenants 1. Express time stated in covenant 2. Statutory duration 3. Release 4. Merger

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

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

15 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

16 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

17 Cowling v. Colligan Location of disputed property

18 Cowling v. Colligan Townhome near intersection of Westheimer & Bering


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