Vermont Petition for Injunction due to Encroaching Wall

State:
Multi-State
Control #:
US-03189BG
Format:
Word; 
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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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FAQ

If you die intestate in Vermont, which is not a community property state, your spouse will inherit everything if you have no children, or if your only descendants are with your spouse. Descendants include children, grandchildren, and great-grandchildren.

Formal Probate If the person who died owned real estate or if the estate is worth more than $45,000.

If you die intestate in Vermont, which is not a community property state, your spouse will inherit everything if you have no children, or if your only descendants are with your spouse. Descendants include children, grandchildren, and great-grandchildren.

There are certain requirements which must be met for a will made in Vermont to be considered legal. The law requires that: The maker of the will (called the testator) be at least eighteen (18) years old and of sound mind. The will must be written.

For instance, property, which you or your spouse inherits, is considered marital property, and property given to you or your spouse by a family member is also considered marital property. The court can also divide property which either spouse owned before the marriage.

Property That May Avoid Probate Property held in a trust3 Jointly held property (but not common property) Death benefits from insurance policies (unless payable to the estate)4 Property given away before you die. Assets in a pay-on-death account. Retirement accounts with a named beneficiary.

Vermont Statutes, Title 19, Section 702 reads, ?the right-of-way for each highway and trail shall be three rods wide unless otherwise properly recorded.? A rod is a unit of measure equaling 16.5 feet, so the assumed minimum width of the right-of-way is 49.5 feet.

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Vermont Petition for Injunction due to Encroaching Wall