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Permanent Injunction In Partition Suit In Philadelphia
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State:
Multi-State
County:
Philadelphia
Control #:
US-000299
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Word;
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FAQ
Purpose of Temporary Injunction: The primary aim of a temporary injunction in a partition suit is to maintain the status quo of the property in question until the court can resolve the underlying issues of ownership and division.
To initiate a partition action in Pennsylvania, a co-owner must file a partition complaint at the Court of Common Pleas in the county in which the property is located. The partition complaint will include the names of the co-owners, the property description, the co-owners interest in the property.
In Pennsylvania, the law of partition essentially allows any co-owner of real estate to force a sale of the property, even if the other co-owner(s) object. It's a legal remedy available under the Partition of Real Estate Act (231 Pa. Code Chapter 1560).
To initiate a partition action in Pennsylvania, a co-owner must file a partition complaint at the Court of Common Pleas in the county in which the property is located. The partition complaint will include the names of the co-owners, the property description, the co-owners interest in the property.
Legal Notice: If no agreement is reached, a legal notice must be served to all parties, informing them of the intent to partition the property. Filing a Partition Suit: In case of disagreements, a partition suit can be filed in court. The court examines all evidence and issues a decree for the division of property.
Examples: Permanent injunctions are often issued in cases involving ongoing nuisances, such as a factory emitting harmful pollutants, or in cases of trademark infringement, where a company is permanently prohibited from using a trademark that belongs to another business.
There are two types of an injunction. There is a temporary and a permanent injunction. The temporary injunction can last no longer than 15 days without the consent of both parties. A permanent injunction can last forever unless the judge modifies that injunction at the request of either party.
(a) A court shall issue a preliminary or special injunction only after written notice and hearing unless it appears to the satisfaction of the court that immediate and irreparable injury will be sustained before notice can be given or a hearing held, in which case the court may issue a preliminary or special injunction ...
Injunctions may be granted to restrain a wide range of acts: a breach of contract, such as a contract against engaging in a competing business; the commission of a tort (e.g., a nuisance); an injury to property (e.g., the of a wall on the plaintiff's land); wrongful expulsion (e.g., from a club or a trade ...
Briefs or memoranda of law shall be typewritten, printed or otherwise duplicated, and endorsed with the name of the case, the court term and number, and the name, address, and electronic mail address of the attorney or the party if not represented by an attorney.