4.6 Implied Covenants
| Jurisdiction | Arizona |
§ 4.6 Implied Covenants
One of the most difficult concepts in Arizona case law is the implied covenant. By definition, an “implied covenant” arises when there is no restriction on the property recorded with the county recorder. The seminal case is Shalimar Ass’n v. D.O.C. Enterprises, Ltd. 355 In Shalimar, the original developer purchased the property in 1960. The court found that the original plan for development of the property included residential homes and a golf course. A recorded map of the...
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