Massachusetts Petition for Injunction due to Encroaching Wall

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Multi-State
Control #:
US-03189BG
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Word; 
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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 is a Court order prohibiting a person from taking a particular action (a prohibitory injunction) or requiring them to take a particular action (a mandatory injunction).

Standard for Preliminary Injunctive Relief: What matters as to each party is not the raw amount of irreparable harm the party might conceivably suffer, but rather the risk of such harm in light of the party's chance of success on the merits.

An injunction is a court order stating that a company must do something or seize from doing a certain action. Injunctions are often granted when monetary damages are not sufficient to remedy a given situation. For example, an industrial plant dumping waste into a lake may be served an injunction to stop that activity.

The first is called an ex parte injunction (also sometimes popularly known as a temporary restraining order, or TRO. The technical name for such an injunction in the Pennsylvania Rules of Civil Procedure is ?special relief?). The other two kinds of injunctions are preliminary injunctions and permanent injunctions.

A preliminary injunction is granted at any stage of an action or proceeding prior to the judgment or final order. It persists until it is dissolved or until the termination of the action without the court issuing a final injunction.

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.

Understanding Injunctions An example of a preliminary injunction might be when a married couple owns a business and is going through a divorce. Perhaps there is a dispute as to who owns or controls the business and its assets.

Examples: ?I am asking the court to grant me a _____ month/year injunction.? ?I want no contact in person, at home, by phone, at work, by mail or through third parties.? ?I would consider any contact in the future to be a violation.? Tell the court why you would like the temporary restraining order injunction.

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Massachusetts Petition for Injunction due to Encroaching Wall