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.
A Hawaii Complaint for Encroachment — Projecting Windows Overhanging Plaintiff's Property is a legal document filed by a property owner (plaintiff) to address the issue of windows or architectural elements from a neighboring property that extend beyond the legal boundaries and infringe upon their property rights. This describes a situation where the defendant's property overlaps or encroaches upon the plaintiff's property due to the projection of windows. Encroachment refers to any unauthorized invasion, intrusion, or trespassing upon another person's property. When specifically related to projecting windows, it signifies the construction of windows that protrude or extend over the predetermined property lines onto the plaintiff's land. In this complaint, the plaintiff asserts their rights as a property owner and seeks relief from the encroachment caused by the defendant's projecting windows. The plaintiff typically states that the windows infringe upon their property rights, including the right to exclusive possession, the right to enjoy their property without interference, and the right to be free from nuisances caused by the encroachment. The complaint outlines the specific details of the encroachment, such as the location, dimensions, and other relevant characteristics of the projecting windows. It also provides a description of the harm and damages suffered by the plaintiff as a result of the encroachment, which may include interference with the plaintiff's use and enjoyment of their property, diminished property value, and potential safety hazards. Additionally, the complaint may request various forms of relief, such as: 1. An injunction to stop or prevent the defendant from further encroachment and requiring the removal or alteration of the projecting windows. 2. Damages, compensation, or restitution for the harm caused by the encroachment. 3. Declaratory judgment affirming the plaintiff's property rights and the defendant's encroachment. 4. Any other appropriate legal remedies as determined by the court. It's important to note that there may be different types of complaints for encroachment depending on the unique circumstances of the case. These types may include residential, commercial, or agricultural encroachments, each requiring their specific details and considerations. However, the key elements of an encroachment complaint, such as the assertion of property rights and the request for relief, remain consistent across these variations.
