What is a covenant?

A covenant is a legal agreement between two or more parties that creates certain rights and obligations between the parties. In property law, a covenant is an agreement between two parties concerning the use or non-use of certain property. Covenants can be either positive or negative. Positive covenants require one party to do something, such as maintain a fence on their property, while negative covenants may prohibit certain uses, such as building a structure taller than a specified height. In Alaska, covenants are found in deeds, leases, or other written agreements, and are enforceable in court. They can be general or specific and can be used to transfer property rights, create easements, limit development, or impose obligations on the parties. Covenants may also be used to impose restrictions on the use or development of property, such as prohibiting certain uses or limiting the number of structures that can be built on a particular property. In Alaska, it is important to read a deed or lease carefully to determine which covenants are applicable and whether they are legally enforceable. The covenants that are specified in an agreement must be followed, or a court may find that the covenant has been breached. If a breach of covenant is found, the court may make a ruling that requires the breaching party to pay damages or take specific steps, such as fixing the fence or removing the structure.

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