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

[Eric Nelsen]

Thanks Erik, that is really helpful feedback!

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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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Erik Marks
Sent: Wednesday, October 14, 2020 12:34 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] ALTA Homeowner policy coverage for building encroaching on neighbor property

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<mailto:erik at egmrealestate.com>

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