Delaware 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

Preliminary Injunction: Del. A plaintiff seeking a preliminary injunction prohibiting a party from taking certain actions must show the following elements: A reasonable probability of success on the merits. Immediate and irreparable harm will result absent injunctive relief.

What are the elements of a preliminary injunction? Substantial likelihood of success on the merits. Parties seeking the injunction need to show that they are likely to win their case. ... Irreparable harm. ... Balancing the equities. ... Public interest.

State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct.

Applying the eBay factors, the Second Circuit held that a plaintiff seeking a preliminary injunction in a copyright case must demonstrate: (1) ?either (a) a likelihood of success on the merits or (b) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships ...

To get a preliminary injunction, a party must show that they will suffer irreparable harm unless the injunction is issued. Preliminary injunctions may only be issued after a hearing.

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Delaware Petition for Injunction due to Encroaching Wall