Lake Arrowhead Community Club, Inc. v. Looney

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 to maintain his property as a greenbelt for a planned unit development was akin to a negative easement and, therefore, survived the tax foreclosure sale. We hold in the present case that a covenant requiring the…