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.
Missouri Petition for Injunction due to Encroaching Wall is a legal document filed by property owners or individuals who are experiencing issues related to a neighboring wall that encroaches upon their property boundaries. This petition is specifically designed to address and remedy the encroachment problem through court intervention. The purpose of the Missouri Petition for Injunction due to Encroaching Wall is to seek a court order, known as an injunction, that prohibits the encroaching wall from further intruding upon the affected property. This legal action aims to restore the rightful property boundaries and prevent any further encroachment. In cases where a wall is encroaching upon a property, it can lead to several complications and disputes between neighbors. Some common types of walls that may give rise to a Missouri Petition for Injunction due to Encroaching Wall include: 1. Boundary Wall Encroachment: This type of encroachment occurs when a neighboring landowner constructs a wall that extends beyond their property line and intrudes onto the petitioner's property. Such situations often arise due to inaccuracies in surveying or misunderstandings about property boundaries. 2. Retaining Wall Encroachment: Retaining walls are often built to support soil or prevent erosion. However, if the retaining wall is constructed in a way that crosses or invades the petitioner's property, it can be subject to a petition for an injunction. This type of encroachment can pose risks to the structural integrity of the petitioner's land. 3. Fence Encroachment: While fences are commonly used to mark property boundaries, there are instances where a fence may be mistakenly or intentionally built beyond the rightful boundary lines. In such cases, a Missouri Petition for Injunction due to Encroaching Wall can be filed to rectify the encroachment and restore the proper boundary. To initiate the Missouri Petition for Injunction due to Encroaching Wall, the petitioner must typically provide evidence of the encroachment, such as land surveys, photographs, building permits, or any other relevant documentation. It is crucial to consult with an experienced attorney to ensure the petition is properly prepared and filed in compliance with Missouri laws and regulations. Ultimately, the Missouri Petition for Injunction due to Encroaching Wall offers affected property owners a legal avenue to remedy property disputes caused by encroaching walls. By seeking a court-ordered injunction, the petition aims to protect property rights and restore the rightful boundaries, bringing resolution to the encroachment issue.
