Good Neighbor
Policy
Clark Lake, MI--She didn't want to seem unfriendly, but as soon
as Jeannie laid eyes on her new neighbor's garage she had a problem
with it. Mainly, it was on her land.
The new neighbor, Dennis, was incredulous.
He had his property surveyed before he bought it, and had
carefully selected the site for his garage. This was no small
project. The garage was built extra large to house watercraft
and a sailboat.
It would have to go.
But Jeannie was adamant. Every year she summers here at her
cottage on the shore, and she looks forward to enjoying the
afternoon breezes that stir the trees and give way to cool
evenings |
Jeannie's Breezes--This
garage, she said, interfered with her enjoyment of afternoon
breezes. |
Dennis's garage, looming above
her cottage, threatened to ruin all of this. It would interfere
with the flow of air, deadening the breezes. Jeannie threatened
to sue.
Dennis made a claim under his title policy. Since he had
an extended coverage policy, this dispute over location and
boundaries of his land was covered. |
The garage in its new location.
|
After a week-long trial, the judge ruled in
favor of Jeannie. It all came down to expert testimony, old
deeds, and breezes.
So now the garage had to be moved. First American hired house
movers to jack up the structure, tear out its concrete foundation,
re-lay the foundation eighteen feet from its original location,
and attach the garage to the new foundation. The move cost
$56,000. |
Jeannie's cottage on the lake.
|
After the work was done Dennis was happy with the outcome. In an
article in the local paper, The Exponent, he remarked on the importance
of obtaining title insurance, and said:
 |
"The most important result of this trial
was the fact that my neighbor and I continue to enjoy a good
neighbor relationship." |
First American recouped $45,000 from the man who had sold the land
to Dennis, so our net expense to move the garage was $11,000. The
Company also paid legal expenses of $45,477.
MORAL: Title insurance is generally available
with "extended coverage," which includes coverage against
the risk of residential improvements on insured land encroaching
onto land of another, and against the risk that insured land is
incorrectly surveyed.
This is good protection against neighborly relations going sour.
|
