Construction of Covenants Construction of Covenants Traditional Approach

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Construction of Covenants

Construction of Covenants

Construction of Covenants �Traditional Approach = strict construction (exactly as written) �Modern Approach =

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

Joslin v. Pine River Development Pine River Pond

Joslin v. Pine River Development Pine River Pond

Joslin v. Pine River Development Pine River Pond

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

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

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

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

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

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

Termination of Covenants

Termination of Covenants

Termination of Covenants 1. Express time stated in covenant

Termination of Covenants 1. Express time stated in covenant

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

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

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

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

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

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

Termination of Covenants 1. 2. 3. 4. 5. Express time stated in covenant Statutory

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

Termination of Covenants 1. 2. 3. 4. 5. 6. Express time stated in covenant

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

Termination of Covenants 1. 2. 3. 4. 5. 6. 7. Express time stated in

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

Termination of Covenants 1. 2. 3. 4. 5. 6. 7. 8. Express time stated

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

Cowling v. Colligan Townhome near intersection of Westheimer & Bering

Cowling v. Colligan Townhome near intersection of Westheimer & Bering