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.
The Pennsylvania Petition for Injunction due to Encroaching Wall is a legal document filed by property owners who are facing issues related to a neighboring wall that encroaches upon their property. This petition aims to seek a court order to stop the encroachment and take necessary actions to rectify the situation. Key topics related to the Pennsylvania Petition for Injunction due to Encroaching Wall include: 1. Pennsylvania Petition for Injunction: This legal document is filed in the Pennsylvania court system to request an injunction against a wall encroaching onto private property. 2. Encroaching Wall: The encroaching wall refers to a structure built by a neighboring property that extends beyond the property line, intruding upon the petitioner's land. 3. Injunction: An injunction is a court order that prohibits specific actions or behaviors and is sought to prevent further encroachment or damage caused by the wall. 4. Property Rights: The petition highlights the petitioner's rights as property owners and asserts that the encroaching wall is trespassing upon their property. 5. Boundary Disputes: The document may address boundary disputes and provide evidence to support the claim that the wall extends onto the petitioner's property. 6. Code Violations: If the encroaching wall violates any local building codes or zoning regulations, it can be a strong basis for seeking an injunction to order its removal or modification. 7. Potential Damage: The petition might mention any potential or actual damages caused by the encroaching wall, such as structural harm to the petitioner's property or obstruction of views. Different types or variations of the Pennsylvania Petition for Injunction due to Encroaching Wall may exist based on specific circumstances. These variations might consider factors such as the extent of the encroachment, the duration it has been present, or any additional violations or damages caused. However, the overall objective remains the same — to seek legal resolution ensuring the removal or modification of the encroaching wall, restoring the petitioner's property rights.