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Construction of Covenants

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

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Construction of Covenants

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  1. Construction of Covenants

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

  3. Pine River Pond Joslin v. Pine River Development

  4. Joslin v. Pine River Development Pine River Pond

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

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

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

  8. Termination of Covenants

  9. Termination of Covenants • Express time stated in covenant

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

  11. Termination of Covenants • Express time stated in covenant • Statutory duration • Release

  12. Termination of Covenants • Express time stated in covenant • Statutory duration • Release • Merger

  13. Termination of Covenants • Express time stated in covenant • Statutory duration • Release • Merger • Estoppel, prescription, laches, etc.

  14. Termination of Covenants • Express time stated in covenant • Statutory duration • Release • Merger • Estoppel, prescription, laches, etc. • Unclean hands

  15. Termination of Covenants • Express time stated in covenant • Statutory duration • Release • Merger • Estoppel, prescription, laches, etc. • Unclean hands • Acquiescence

  16. Termination of Covenants • Express time stated in covenant • Statutory duration • Release • Merger • Estoppel, prescription, laches, etc. • Unclean hands • Acquiescence • Changed Conditions

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

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