Louisiana Petition for Injunction due to Encroaching Wall

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

An injunction shall be issued in cases where irreparable injury, loss, or damage may otherwise result to the applicant, or in other cases specifically provided by law; provided, however, that no court shall have jurisdiction to issue, or cause to be issued, any temporary restraining order, preliminary injunction, or ...

Non-Economic Loss Non-economic damages, also known as pain and suffering damages, are available in many cases in Louisiana to help compensate injured parties, including for: Physical and emotional pain and suffering. Physical impairment. Emotional distress.

Although a proprietor may do with his estate whatever he pleases, still he cannot make any work on it, which may deprive his neighbor of the liberty of enjoying his own, or which may be the cause of any damage to him.

Louisiana Laws - Louisiana State Legislature. A. A defendant shall file his answer within twenty-one days after service of citation upon him, except as otherwise provided by law.

Generally, the purpose of an award of damages for breach of contract is to compensate the injured party. The general rule is that damages are meant to place the claimant in the same position as if the contract had been performed.

Louisiana law governing these rights, known as Matrimonial Regimes, is found in the Louisiana Civil Code at articles 2325-2376. Marriage impacts property rights of both spouses. The rights of married people when buying or selling property, borrowing money, or obtaining credit are all regulated by law.

In Louisiana, lawsuits for damages are called Petitions for Damages. Plaintiffs are called Petitioners. The Louisiana Rules of Civil Procedure prohibit Petitioners from stating specific dollar amounts for money damages in the Petition.

Under Louisiana law, general damages refers to compensation for categories for which exact dollar values cannot be calculated. General damages typically include: Pain and suffering (past, present and future) Mental anguish.

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Louisiana Petition for Injunction due to Encroaching Wall