North Carolina 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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Guam Agreement of Sub-Tenant and Waiver of Liability in Favor of Tenant

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

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FAQ

In North Carolina, courts will order the encroaching landowner to remove the encroachment regardless of his intent. Therefore, the encroaching landowner must meet the neighbor's demands for waiving a mandatory injunction to compel removal or prepare to move the encroaching portion of the structure.

Encroachment happens when someone traverses boundaries outlined in a survey, violating the property rights of another property owner. Encroaching on someone else's property is akin to trespassing?that is, entering another person's grounds without their express permission.

In the state of North Carolina the law on encroachment is dealt with as ?continuing trespass?. An owner of property that shows proof that their neighbor has committed encroachment is allowed to the damages that were caused for the loss of value of the land during that time of encroachment.

Below are three steps you can pursue when dealing with an encroachment issue. Talk With Your Neighbor. Sell Your Land, Or An Easement On Your Land, To Your Neighbor. Take Your Neighbor To Court.

What should you do if you spot a trespasser or a neighbor encroaching on your North Carolina land? Your first move, of course, is to speak with the person and ask that they remove all structures from, and refrain from entering onto, your property. If it's an innocent mistake, they're likely to comply.