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Missouri
Petition for Injunction due to Encroaching Wall

Missouri Petition for Injunction due to Encroaching Wall

Category:

Real Estate - Injunctions

State:

Multi-State

Control #:

US-03189BG

Format:

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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How to fill out Petition For Injunction Due To Encroaching Wall?

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FAQ

To obtain a TRO, a party must convince a judge that he or she will suffer immediate irreparable harm unless such an order is issued. If the judge is convinced that a temporary restraining order is necessary, he or she may issue the order immediately, without informing the other parties and without holding a hearing.

A mandatory injunction compels an affirmative act, and thus changes the position of the parties. A mandatory injunction is much more difficult to obtain, and are granted only in extraordinary circumstances. A preliminary injunction is issued to preserve the parties' respective positions pending the outcome of the case.

When an appeal is taken from a judgment granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party.

An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions.

Temporary Restraining Orders are authorized by Rule 92.02 of the Missouri Rules of Civil Procedure. The standards for granting TRO's are similar to the standards for granting a preliminary injunction.

A mandatory injunction is issued when a court directs a person to perform certain acts, as opposed to prohibitory injunction, which seeks to preserve the status quo. The defendant named in a mandatory injunction must undo the wrong or injury that one has caused.

Missouri Petition for Injunction due to Encroaching Wall

Description

Related forms

Viewed forms

How to fill out Petition For Injunction Due To Encroaching Wall?

Form popularity

FAQ

What is the Missouri TRO rule?

What is the difference between mandatory and preliminary injunction?

What is the rule 92.03 in Missouri?

What is an injunction and what is its purpose?

What is the rule 92.02 of the Missouri Rules of Civil Procedure?

What is mandatory injunction?

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Missouri Petition for Injunction due to Encroaching Wall

Description

Related forms

Viewed forms

How to fill out Petition For Injunction Due To Encroaching Wall?

Form popularity

FAQ

What is the Missouri TRO rule?

What is the difference between mandatory and preliminary injunction?

What is the rule 92.03 in Missouri?

What is an injunction and what is its purpose?

What is the rule 92.02 of the Missouri Rules of Civil Procedure?

What is mandatory injunction?

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