Kentucky Petition for Injunction due to Encroaching Wall

State:
Multi-State
Control #:
US-03189BG
Format:
Word; 
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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

(1) At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property, or to the effect specified in his offer, with costs then accrued.

Order IX, Rule 1: This rule allows the court to grant a temporary injunction under CPC when it's considered fair and appropriate to do so in order to prevent a breach of an obligation or harm caused by a genuine fear of such a breach.

P. 66. An action wherein a receiver has been appointed shall not be dismissed except by order of the court.

A temporary injunction may be granted during the pendency of an action on motion if it is clearly shown by verified complaint, affidavit, or other evidence that the movant's rights are being or will be violated by an adverse party and the movant will suffer immediate and irreparable injury, loss, or damage pending a ...

Rule 65(b)(1) provides that no court shall issue an injunction unless proper notice is given to the adverse party; former Massachusetts practice also required notice, although the usual procedure had been an order to show cause.

Rule 65.05 - Restraining order and injunction bond (1) No restraining order or temporary injunction shall be granted except upon the giving of a bond by the applicant, with surety, in such sum as the court or the officer to whom application is made deems proper, for the payment of such costs and damages as may be ...

The terms 'Interim Injunction' and 'Interlocutory Injunction' are often used interchangeably, however there is an important distinction. An Interlocutory Injunction is obtained prior to, and remains in force until, trial.

A restraining order may be granted at the commencement of an action, or during the pendency thereof, without written or oral notice to the adverse party or his attorney only if (a) it clearly appears from specific facts shown by verified complaint or affidavit that the applicant's rights are being or will be violated ...

In determining whether to grant or deny a preliminary injunctive relief, the courts generally look to several of the factors including: (1) the plaintiff's likelihood of prevailing on the merits;(2) a showing of irreparable injury to plaintiff if relief is not granted; (3) the threatened injury to the movant is ...

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Kentucky Petition for Injunction due to Encroaching Wall