[WSBARP] ALTA Homeowner policy coverage for building encroaching on neighbor property

[Eric Nelsen]

Does the 2010 ALTA Homeowner policy cover a situation where client's property has a building on it that encroaches to neighboring property? There's no litigation and client's building has been there for decades; exploring options with the neighbor about a friendly quiet title and/or a BLA to resolve the issue, in exchange for a payment to the neighbor. The policy appears to read that the covered risk is against being forced to remove the encroaching building, not this situation where the building will stay put and client will get title to the land but have to pay attorney fees and other expenses to settle the matter. And there's no litigation so it's not quite a tender-of-defense situation.

Anyone have thoughts? Is it worth it to tender to the title company?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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