Redmond, WA asked in Real Estate Law for Washington

Q: Can title insurance enforce title rules?

My neigbor has constructed a chicken coop and a horse stall with fenced grazing area within 100 feet of their own house and mine which is on the first half of their property. Our title specifically prohibits livestock structures within 100 feet of a dwelling and on the first half of the property. I have checked our zoning rules and both chickens and horses are considered livestock. Can I file a claim with my title insurance or should I hire an attorney? Thank you!

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1 Lawyer Answer
Anthony M. Avery
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A: What your "title" says is irrelevant. If there are restrictive covenants to be enforced, it must be in the title chain that you claim has been violated. I doubt your insurance company insures against such risks, but you will need to read your policy, which deals with your title not someone else's. You will need to hire an attorney to enforce any restrictions you claim are being violated.

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