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.
A New Jersey Complaint for Encroachment — Projecting Windows Overhanging Plaintiff's Property is a legal document filed in New Jersey courts when a property owner believes that their neighbor's windows are encroaching onto their property. This complaint is specifically relevant for cases involving the overhanging of windows onto the plaintiff's property, causing a violation of their property rights or privacy. In such cases, plaintiffs have the right to seek legal recourse to address and rectify the encroachment issue. By filing the New Jersey Complaint for Encroachment, plaintiffs request the court's intervention to enforce their property rights and seek appropriate remedies. Key Elements of a New Jersey Complaint for Encroachment — Projecting Windows Overhanging Plaintiff's Property: 1. Plaintiff's Information: The complaint starts with the plaintiff's full name, address, contact information, and other crucial identifiers. 2. Defendant's Information: The details of the defendant, including their name, address, and contact information, are provided. 3. Background: The complaint provides a comprehensive account of the relationship between the plaintiff and the defendant to establish the jurisdiction of the court. This includes the address and location of both properties. 4. Description of Encroachment: The complaint highlights the specific issue of the defendant's windows projecting or overhanging onto the plaintiff's property. It includes details of how the encroachment occurs and the extent to which it violates the plaintiff's property rights or privacy. 5. Legal Grounds: The complaint presents the legal basis for the plaintiff's claim, referring to relevant New Jersey property laws, regulations, or statutes that support their arguments. 6. Damages and Relief Sought: The plaintiff describes the damages suffered due to the encroachment and requests appropriate relief. This may include seeking an injunction to stop the encroachment, removal or modification of the projecting windows, compensation for property devaluation, legal fees, and any other relevant remedies as determined by the court. 7. Jury Demand: If the plaintiff desires a jury trial, they must explicitly request it within the complaint. 8. Signature and Verification: The complaint concludes with the plaintiff's signature and verification, affirming the truthfulness of the provided information under penalty of perjury. It is important to note that variations in the New Jersey Complaint for Encroachment — Projecting Windows Overhanging Plaintiff's Property may exist depending on the specific circumstances of each case. However, the key elements mentioned above generally remain consistent in most cases.
