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 ID: 487537
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Slide1
Construction of CovenantsSlide2
Construction of Covenants
Traditional Approach = strict construction
(exactly as written)
Modern Approach = broad construction
(includes similar unstated limits consistent with purpose)Slide3
Joslin v. Pine River Development
Pine River PondSlide4
Joslin v. Pine River Development
Pine River PondSlide5
Joslin v. Pine River Development
House overlooking Pine River Pond
Selling price $589,900
Slide6
Rhue v. Cheyenne Homes
El Paso County – Colorado Springs AreaSlide7
Rhue v. Cheyenne Homes
House similar to the one being movedSlide8
Termination of
CovenantsSlide9
Termination of Covenants
Express time stated in covenantSlide10
Termination of Covenants
Express time stated in covenant
Statutory durationSlide11
Termination of Covenants
Express time stated in covenant
Statutory duration
ReleaseSlide12
Termination of Covenants
Express time stated in covenant
Statutory duration
Release
MergerSlide13
Termination of Covenants
Express time stated in covenant
Statutory duration
Release
Merger
Estoppel, prescription, laches, etc.Slide14
Termination of Covenants
Express time stated in covenant
Statutory duration
Release
Merger
Estoppel, prescription, laches, etc.
Unclean handsSlide15
Termination of Covenants
Express time stated in covenant
Statutory duration
Release
Merger
Estoppel, prescription, laches, etc.
Unclean hands
AcquiescenceSlide16
Termination of Covenants
Express time stated in covenant
Statutory duration
Release
Merger
Estoppel, prescription, laches, etc.
Unclean hands
Acquiescence
Changed ConditionsSlide17
Cowling v. Colligan
Townhome near intersection of
Westheimer
& Bering