Commentary

94 Commonhold community statement: release, waiver and estoppel

COMMONHOLD vol 8(1)
| Commentary

94 Commonhold community statement: release, waiver and estoppel

| Commentary

94 Commonhold community statement: release, waiver and estoppel

It is an open question whether a right contained in a commonhold community statement may be released or waived in the same way as any other right.

Under the general law, a release may be effected either by deed or (if consideration is given) in writing. A written release given without consideration may be effective if the release is of immediate effect.

A waiver may be express, or may be implied from conduct that is inconsistent with the continued assertion of the right waived. For a waiver to be effective, the other party must

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