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Real Property • Real Covenants
PROP#136
Legal Definition
A covenant may be terminated by (1) written release, (2) merger, or (3) condemnation of the burdened estate.
Plain English Explanation
Covenants, like easements, can be terminated via:
(1) Written release, which means the person who is benefitting from the covenant releases the burdened party from the covenant;
(2) Merger, which means the same person comes to own both the burdened land and the benefit at the same time, which terminates the covenant; or (3) Condemnation, which means the government has taken over the land and closed it off to its previous owners/possessors.
(1) Written release, which means the person who is benefitting from the covenant releases the burdened party from the covenant;
(2) Merger, which means the same person comes to own both the burdened land and the benefit at the same time, which terminates the covenant; or (3) Condemnation, which means the government has taken over the land and closed it off to its previous owners/possessors.
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