After severe storms produced record setting precipitation in Seattle in late 1996, the land beneath the condominium units began to slide. Within a period of 24 hours, the property sunk four to six feet and moved westward about two feet. Homeowners sued the City as well as the developer, the geotechnical engineer, the architect, the contractor, and the structural engineers. The trial court granted summary judgment in favor of the City. Around the same time, Homeowners settled their case against the developer.
Homeowners timely appeal the grant of summary judgment.
For a covenant to run with the land, it often depends on what type of covenant it is. Traditionally, real covenants run at common law while equitable restrictions run in equity. Homeowners argue that the Covenant is not enforceable because it does not meet all the elements required for a real covenant to run at common law. To run in equity, an equitable restriction requires all of the above elements except horizontal privity of estate. Instead, the successor of the covenantor must have actual or constructive notice of the equitable restriction.