Construction of Covenants
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
House overlooking Pine River PondSelling price $589,900
Suttle v. Bailey
Mesa Verde Community Center
Rhue v. Cheyenne Homes
El Paso County – Colorado Springs Area
Rhue v. Cheyenne Homes
House similar to the one being moved
Termination of Covenants
1. Express time stated in covenant
Termination of Covenants
1. Express time stated in covenant2. Statutory duration
Termination of Covenants
1. Express time stated in covenant2. Statutory duration3. Release
Termination of Covenants
1. Express time stated in covenant2. Statutory duration3. Release4. Merger
Termination of Covenants
1. Express time stated in covenant2. Statutory duration3. Release4. Merger5. Estoppel, prescription, laches,
etc.
Termination of Covenants
1. Express time stated in covenant2. Statutory duration3. Release4. Merger5. Estoppel, prescription, laches,
etc.6. Unclean hands
Termination of Covenants
1. Express time stated in covenant2. Statutory duration3. Release4. Merger5. Estoppel, prescription, laches, etc.6. Unclean hands7. Acquiescence
Termination of Covenants
1. Express time stated in covenant2. Statutory duration3. Release4. Merger5. Estoppel, prescription, laches, etc.6. Unclean hands7. Acquiescence8. Changed Conditions
Cowling v. Colligan
Location of disputed property
Cowling v. Colligan
Townhome near intersection of Westheimer & Bering