Iowa 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

163.62 Injunctive relief. The court may order any form of prohibitory or mandatory relief that is appropriate under principles of equity, including but not limited to issuing a temporary or permanent restraining order.

Except in domestic relations proceedings, no later than 21 days after any defendant has answered or appeared, the clerk shall provide a notice of civil trial-setting conference to all parties not in default.

A Motion to Compel asks the judge to order the opposing party to answer the discovery inquiry more fully or appropriately. If the judge grants the motion the opposing party may be required to pay the attorney fees associated with the delay due to the objections.

A temporary injunction may be allowed under any of the following circumstances: 1. 1502(1) When the petition, supported by affidavit, shows the plaintiff is entitled to relief which includes restraining the commission or continuance of some act which would greatly or irreparably injure the plaintiff.

Under Federal Rule of Civil Procedure 24(a), a movant seeking to intervene as of right must show that (1) the motion is timely, (2) the movant ?claims an interest relating to the property or transaction that is the subject of the action,? (3) ?disposing of the action may as a practical matter impair or impede the ...

A person desiring to intervene shall serve a motion to intervene upon the parties. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought.

Sometimes, a person who is not a party to a lawsuit in progress wants to become a party. Such a party must file a Motion to Intervene. Generally, to be admitted into the lawsuit, the intervenor must have an interest in the subject matter of the original suit.

431(7) The trial court shall rule on all motions within 30 days after their submission, unless it extends the time for reasons stated of record.

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Iowa Petition for Injunction due to Encroaching Wall