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.
Illinois Complaint for Encroachment — Projecting Windows Overhanging Plaintiff's Property is a legal document filed by a plaintiff against a defendant who has constructed windows or other structures that intrude into the plaintiff's property. This complaint seeks a legal remedy for the encroachment and potential trespassing. Keywords: Illinois, complaint, encroachment, projecting windows, overhanging, plaintiff's property. Types of Illinois Complaint for Encroachment — Projecting Windows Overhanging Plaintiff's Property: 1. Complaint for Encroachment of Windows: This type of complaint specifically addresses the issue of windows from the defendant's property extending beyond the property boundaries and crossing over onto the plaintiff's property. 2. Complaint for Encroachment of Structures Overhanging Plaintiff's Property: This variation of the complaint focuses on any structure, apart from windows, that extends over the plaintiff's property. It could include canopies, balconies, awnings, or any portion of a building that unlawfully crosses the property boundaries. 3. Complaint for Trespass and Encroachment: This complaint combines allegations of unauthorized access onto the plaintiff's property (trespass) with the encroachment of windows or structures. It addresses both legal issues to seek appropriate relief. 4. Complaint for Damages due to Encroachment: In this type of complaint, the plaintiff includes claims for monetary damages caused by the encroachment, such as loss of property value, obstruction of views, or any other harm suffered as a result. 5. Complaint for Permanent Injunction to Remove Encroaching Structures: When the plaintiff seeks a permanent solution to the problem, they can file this type of complaint, requesting the court to order the removal or alteration of the infringing windows or structures. 6. Complaint for Declaratory Judgment: This complaint requests the court to determine the rights and legal obligations of both parties regarding the encroachment. It aims to establish a clear legal position on the issue. Regardless of the specific type, every Illinois Complaint for Encroachment — Projecting Windows Overhanging Plaintiff's Property should contain a detailed description of the encroaching windows or structures, evidence of the encroachment, property boundaries, relevant legal claims, requested remedies, and any supporting documentation.
