Michigan 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

An order granting an injunction or restraining order (1) must set forth the reasons for its issuance; (2) must be specific in terms; (3) must describe in reasonable detail, and not by reference to the complaint or other document, the acts restrained; and (4) is binding only on the parties to the action, their officers, ...

In every case where a public highway has been or shall be encroached upon by any fence, building, or other encroachment, the commissioner or commissioners having jurisdiction over the road may make an order under his or their hand requiring the owner or occupant of the land through or by which such highway runs, and of ...

To establish adverse possession, an individual must demonstrate possession of the real property for a period of fifteen (15) years and that the possession has been actual, visible, open, notorious, exclusive, continuous, hostile, and under a cover or claim of right.

Acquiescence is typically thought of as an agreement by conduct. A property line which has been treated by neighbors as a property line for at least 15 years can be established as the property line, even if different than the surveyed line.

An encroachment is an unauthorized intrusion onto a neighboring property through the creation or extension of a physical structure (including flora) above or below the surface of land.

A party to a proceeding may move for reconsideration after a decision and order is issued by the commission. A motion for reconsideration shall state with particularity the material error claimed and, with respect to any finding of material fact, shall specify the page of the record relied upon.

A person must go to court on the date of the show cause hearing. If a person fails to appear for the court date, a bench warrant for the person's arrest can be issued. In court, the person must either prove that he or she followed the court's order or explain why the person could not obey the order.

Under Michigan law, the doctrine of acquiescence applies to issues regarding property boundary lines. The doctrine of acquiescence for a statutory period provides that where adjoining property owners acquiesce, or accept, a boundary line for at least fifteen years, that line becomes the actual boundary line.

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Michigan Petition for Injunction due to Encroaching Wall