[WSBARP] ALTA Homeowner policy coverage for building encroaching on neighbor property
Erik Marks
erik at egmrealestate.com
Wed Oct 14 12:34:23 PDT 2020
Eric,
I dealt with this exact situation recently. I represented the neighbor that was encroached upon, with the neighbor's main house was encroaching by 5 feet!
The way we worked it out was a 3-way negotiated solution between my client, my client's title insurer, and the neighbor. The neighbor sent a letter claiming adverse possession, and I convinced my client's title insurer that it should accept coverage without the necessity of a quiet title suit being filed. It took quite a bit of coaxing, but they eventually agreed. They assigned a claims attorney to the matter, who worked with me and the encroaching neighbor to agree on a new boundary line, process a BLA, a settlement agreement between the neighbors, and finally a diminution in value appraisal and settlement agreement between my client and the title company. The whole process took 18 months and required a good deal of patience, but in the end everyone was happy.
Erik
--
Erik G Marks
Attorney at Law
2255 Harbor Ave SW
Suite 203
Seattle, WA 98126
office: 206-264-4598
cell: 206-612-8653
erik at egmrealestate.com
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