Complaint, Petition, or Declaration for Recovery of Possession of Property due to Fence Built by Adjoining Landowner on Plaintiff's Property
About this form
This form is a Complaint, Petition, or Declaration for Recovery of Possession of Property due to a fence built by an adjoining landowner on the plaintiff's property. It serves as a legal document to initiate an ejectment proceeding, allowing the property owner to reclaim possession of their land. Unlike other property disputes, this form specifically addresses situations where a neighboring landowner has improperly encroached upon the plaintiff's property by building a fence. The form is designed to comply with the notice pleadings format of the Federal Rules of Civil Procedure, adaptable to most states' regulations.
Main sections of this form
- Plaintiff and defendant information
- Description of the disputed property
- Allegations of encroachment and possession
- Claims for legal ownership and removal of the fence
- Request for court costs and attorney's fees
Situations where this form applies
This form should be used when a property owner finds that a neighbor has built a fence or made similar improvements on their land without permission. It is particularly useful in cases where the owner seeks to reclaim their property through legal means and needs to formally initiate an ejectment action.
Who should use this form
- Property owners who are facing encroachment by an adjoining landowner
- Individuals seeking to recover possession of their real estate
- Homeowners or landlords needing to take legal action regarding property disputes
Instructions for completing this form
- Identify the parties involved: enter the names and addresses of the plaintiff and defendant.
- Provide a detailed description of the property, including the legal description and attachments.
- State the specific claims regarding the fence and encroachment.
- Add relevant dates, such as the acquisition date of the property and the date the fence was built.
- Sign the form, including the plaintiff's and attorney's signatures as required.
Does this document require notarization?
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to accurately describe the property and its boundaries.
- Neglecting to provide necessary attachments, such as deeds or surveys.
- Omitting to cite specific state statutes relevant to the ejectment action.
Why use this form online
- Convenient access to legally approved templates tailored for your needs.
- Ability to edit and customize forms before printing or submission.
- Reliable and secure platform for obtaining legal documents at any time.
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FAQ
There are two kinds of possessionactual possession and constructive possession. A person who knowingly has direct physical control of a thing at a given time is then in actual possession of it.
Most property is social. A house is used by an entire family. The fact that it legally "belongs to" only one person is at odds with who possesses it.Further comparison between possession and ownership: a person possesses their body, they do not own it.
The main difference between possession and ownership is that possession is requiring a physical custody or control of an object while ownership is the right through which something goes to someone.Ownership is the right which grants a thing or objects to a person in a manner that the thing belongs to that person.
In law, possession is the control a person intentionally exercises toward a thing.In all cases, to possess something, a person must have an intention to possess it. A person may be in possession of some property (although possession does not always imply ownership).