Petition for Injunction due to Encroaching Wall

State:
Multi-State
Control #:
US-03189BG
Format:
Word; 
Rich Text
Instant download

Description

An encroachment is the situation that exists when a structure is built in whole or in part on a neighbor's property. Boundaries are frequently marked by partition fences, ditches, hedges, trees, etc. Disputes arising from a confusion of boundaries may be generally settled by an action at law. However, courts of equity will entertain a bill for the settlement of boundaries when the rights of one of the parties may be established upon equitable grounds.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


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FAQ

Describe the violation. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. If relevant, mention other solutions such as selling the land or giving the neighbor permission to use the encroached-upon area.

Encroachment happens when someone traverses boundaries outlined in a survey, violating the property rights of another property owner. Encroaching on someone else's property is akin to trespassingthat is, entering another person's grounds without their express permission.

1Negotiate directly with the neighbour to achieve a settlement of the dispute that has arisen; or.2Agree with the neighbour to enter into a form of Alternative Dispute Resolution (ADR), and in the present conundrum I would recommend Mediation; or.Resolving Boundary Disputes - Boundary Problems\nwww.boundary-problems.co.uk > boundary-problems > resolution

There is a term for this battle of land: encroachment. An encroachment happens when a fence or another piece of your neighbor's property crosses the property lines. Other examples of encroachments could involve trees, parts of a building, fencing or any other fixtures located on both pieces of property.

Put simply, an encroachment is when another person puts up a structure that intrudes on (or over) your land.However, if you ever want to sell your property, you will need to disclose the encroachment to any potential buyers so that they can consider the issue as part of their purchasing decision.

Have a Professional Land Survey Done. Talk Things Out and Offer Concessions. Seek Mediation or a Neutral Third Party. If all else fails, hire a qualified real estate attorney.

Have a Professional Land Survey Done. Talk Things Out and Offer Concessions. Seek Mediation or a Neutral Third Party. If all else fails, hire a qualified real estate attorney.

A Land Survey Works Wonders for Boundary Disputes. If you feel like your neighbor has or is developing on top of your land, you may want to get a professional land survey. Talk it Over and Offer Concessions. Bring on a Neutral Third Party. Hire a Qualified Estate Attorney.

1Have a Professional Land Survey Done.2Talk Things Out and Offer Concessions.3Seek Mediation or a Neutral Third Party.4If all else fails, hire a qualified real estate attorney.

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Petition for Injunction due to Encroaching Wall