[WSBARP] encroachments and insurance

[Josh Grant]

I usually suggest that the client grant a “license” to the encroacher, which the encroacher also signs.  THis makes it revocable.  The encroacher can then get insurance, or not, but in the license agreement he would have a hold-harmless agreement regarding those items.

From: Cyrus Field 
Sent: Wednesday, January 21, 2015 11:41 AM
To: 'WSBA Real Property Listserv' 
Subject: [WSBARP] encroachments and insurance

Folks- Client recently had a survey done that revealed a few small encroachments (“areas of concern”- a teepee, a children’s playset and a few feet of a parking lot) by neighbor.  Client has asked me to prepare an Agreement consenting to existing use, that is revocable, etc. 

 

While the neighbors apparently have deep pockets, and I want to keep things in perspective cost wise, I am not sure how to handle the insurance part of the indemnity clause. As a practical matter, could the neighbor get insurance listing my clients as additional insured for a reasonable fee for this type of use? Any idea what a reasonable policy limit might be under these circumstances? Thanks in advance as I haven’t had this issue come up before and wanted to tap into the lists’ collective wisdom/experience before I proceed further, Cy

 

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)

phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis St. Friday Harbor, WA

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