Maine Petition for Injunction due to Encroaching Wall

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

Injunctions. (a) Preliminary injunction; notice. ? No preliminary injunction shall be issued without notice to the adverse party. (b) Temporary restraining order; notice; hearing; duration.

(1) Every order granting a restraining order shall describe in reasonable detail and not by reference to the complaint or other document the act or acts sought to be restrained; it is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in ...

By an injunction, the defendant is ordered to refrain from doing acts established by the court as infringing the patent. Availability of injunctive relief after expiry of the patent Injunctive relief is only available for as long as the patent is in force.

The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.

Rule 65 - Injunctions and Restraining Orders (a) Preliminary Injunction or Temporary Restraining Order. (1)Notice. Except as provided in Rule 65(b), the court may issue a preliminary injunction or a temporary restraining order only with notice to the adverse party.

- A temporary restraining order may be granted without written or oral notice to the adverse party or that party's attorney only if (i) it clearly appears from specific facts shown by affidavit or by verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the ...

The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...

Federal Rule of Civil Procedure 65(c) requires applicants for preliminary injunctions or temporary restraining orders to post security before the injunction will issue. Determining the amount of the security to be posted is left to the judge's discretion under the Rule.

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Maine Petition for Injunction due to Encroaching Wall