[WSBARP] Temporary License Agreement Language

[Katie Smith Patel]

I have nearly the exact same issue I’m working right now for another state and a license agreement was also the solution I had decided would work best.  The only disadvantage I can think of is depending on how much encroachment there is, whether the agreement might incentivize keeping a structure instead of demolishing it when that might otherwise have been considered by the licensee.  Maybe we could write the agreements so that unless amended to extend, the agreement terminates the sooner of 20 years after signing or when the encroaching portion of the structure is removed or destroyed for any reason or by any cause or is reasonably determined by the Licensor to be uninhabitable under applicable building or health codes.  Of course, Licensor could also terminate for other material breaches of the agreement like violating applicable laws, regulations, or permit requirements, failing to maintain required insurance, or additional encroachment on Licensor’s property beyond what is in use by Licensee on the effective date of the agreement.  Licensee’s notice to terminate or repudiation of the agreement grants Licensor the right to remove the encroaching portion of the structure.

I was just yesterday thinking of posting to see who has a good license agreement form for this.  Sounds like it’s you, Lynn.  Are you able and willing to share your form with me?

Katie Patel
Paraclete Estate Planning, LLC
(541) 499-9085 (direct)
112 Genessee Street
Medford, OR 97504



From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Lynn Clare
Sent: Thursday, August 21, 2025 12:38 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Temporary License Agreement Language

The Licensing Agreement I have generously been allowed to plagiarize contains pretty careful language about all of those things (which is why I like it so much)

Our concern is whether an easement affects the county setbacks.

On Thu, Aug 21, 2025 at 12:22 PM Bryce Dille <Bryce at dillelaw.com<mailto:Bryce at dillelaw.com>> wrote:
Rather than a license why don't you prepare an easement for the encroaching area that is exclusive in nature and terminates when the structure is removed for whatever reason and then in  the easement agreement you can specify that the beneficiary of the easement knowledges that there is no adverse possession or claim of it and that it would be responsible for the repair and maintenance the of encroaching structure and hold the grantor of  the easement harmless from any claims arising out of it

Bryce H. Dille
Dille Law, PLLC
1800 Cooper Point Road SW Bldg 11
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**




[R_Alan_Swanson-WH-200]

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Lynn Clare
Sent: Thursday, August 21, 2025 12:12 PM
To: WSBA Real Property listserve <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Temporary License Agreement Language

All,

I am drafting a Temporary License Agreement for a small lot in Pacific County that has an encroaching structure. (unpermitted DADU)  The encroaching structure has been there quite a while (decade or a little more?) Neither current property owner was an owner when the encroachment occurred.

Current owner wants to grant encroaching party a Temporary License to use the property in order to stop the possibility of adverse possession but the sample I have (which is well done, btw) has a 5 year duration.

I want mine to allow the license to continue until the DADU is no longer habitable. IOW, when the structure has to be torn down, the license ends.

How would you write that? (Or tell me why you wouldn't.)

Lynn Clare
Clare Law Firm
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