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

[Erik Marks]

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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