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LAKE ARROWHEAD COMMUNITY CLUB, INC. v. LOONEY

No. 54876-5.

112 Wn.2d 288 (1989)

770 P.2d 1046

LAKE ARROWHEAD COMMUNITY CLUB, INC., Petitioner, v. WILLIAM LOONEY, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

April 13, 1989.

Attorney(s) appearing for the Case

Herbert H. Fuller and Marya Carol Fuller (of Fuller & Fuller), for petitioner.

Nielsen, Nielsen & Leach and Drew Nielsen, for respondents.

Donna R. Roper and Eileen S. Peterson on behalf of Washington Association of Realtors; Philip A. Serka on behalf of Washington Chapter of Community Associations Institute and Sudden Valley Community Association; John G. Bauer on behalf of Cherokee Bay Community Club, amici curiae for petitioner.

DURHAM, J.

A purchaser at a tax foreclosure sale generally acquires title that is clear of all prior encumbrances. As an exception to this rule, RCW 84.64.460 protects recorded appurtenant easements from extinguishment. In Olympia v. Palzer, 107 Wn.2d 225, 728 P.2d 135 (1986), we first addressed the effect of RCW 84.64.460 on covenants. We held that a restrictive covenant requiring the owner...

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