COVENANTS

One of the goodies in your title prelim - hopefully something that comes as no surprise - are any covenants attached to your property. Covenants are restrictions "agreed upon" by homeowners in a particular subdivision or association. Generally they are put in place by developers who want to maintain certain standards that will help maintain values within the subdivision.

Covenants in Alaska tend to be not as restrictive as in the Lower 48. Typical provisions include minimum lot size, structure size, setback requirements (how far structures must be from the property line), and number or type of animals on the property (to exclude dog teams or commercial livestock). You may find some quirks hidden within the covenants. In Fairbanks, the late Joe Vogler, the eccentric and sometimes crotchety head of the Alaska Independence Party, hated cottonwood trees. When he subdivided several parcels, he banished cottonwoods by means of the covenants. Easier said than done, as cottonwoods grow naturally and profusely in the Fairbanks hillside.

Independent guys like Joe shun government restrictions, but that's the thing about covenants - they're private restrictions, unenforceable except if the other covenant holders take civil action in a court of law. Similarly, the covenants may be amended by unanimous consent of the property owners, which is how a lot of old Joe's "no cottonwood" restrictions fell off the books.