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)

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