An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: New Hampshire Complaint, Petition, or Declaration for Recovery of Possession of Property due to Fence Built by Adjoining Landowner on Plaintiff's Property Introduction: In New Hampshire, property owners who find themselves facing an issue with an adjoining landowner who has built a fence on their property without permission may seek legal recourse. This legal process can be initiated through a Complaint, Petition, or Declaration for Recovery of Possession of Property. Let's explore the different types and the relevant keywords associated with this legal action in New Hampshire. Types of New Hampshire Complaint, Petition, or Declaration for Recovery of Possession of Property due to Fence Built by Adjoining Landowner on Plaintiff's Property: 1. Complaint for Trespass and Damages: A Complaint for Trespass and Damages can be filed when an adjoining landowner has encroached on the plaintiff's property by erecting a fence without permission. This complaint seeks recovery of possession of the property, removal of the fence, and monetary compensation for any damages caused. Keywords: Complaint, Trespass, Damages, Encroachment, Fence, Recovery of Possession, Removal, Monetary Compensation. 2. Petition for Quiet Title: A Petition for Quiet Title is another legal action that may be initiated to resolve a property dispute caused by an adjoining landowner's fence encroachment. This petition is used to establish or confirm ownership of the disputed property and seek an order for removal of the fence. Keywords: Petition, Quiet Title, Property Dispute, Adjoining Landowner, Fence Encroachment, Ownership, Removal Order. 3. Declaration for Recovery of Possession: A Declaration for Recovery of Possession is a legal document that can be used to claim the right to ownership and possession of the disputed property. This declaration seeks to recover possession of the property by requesting the court's assistance in removing the fence and restoring the plaintiff's exclusive ownership. Keywords: Declaration, Recovery of Possession, Property Ownership, Disputed Property, Fence Removal, Exclusive Ownership. Conclusion: When an adjoining landowner constructs a fence on a plaintiff's property without permission, New Hampshire law provides options to reclaim possession and resolve the property dispute. Utilizing a Complaint, Petition, or Declaration for Recovery of Possession, individuals can navigate the legal process and seek a resolution through court intervention. It is advisable to consult with an attorney experienced in property law to ensure the appropriate legal action is pursued and the rights of the property owner are protected.
