Fill and Sign the Form of Complaint for Encroachment

IN THE ___________ COURT OF______________ (County), _____________ (State) _______________________ (Name of Plaintiff) PLAINTIFF V. CAUSE NO. ______,_______ _______________________ DEFENDANT (Name of Defendant) COMPLAINT COMES NOW __________________ (Name of Plaintiff) , Plaintiff in the above-styled and numbered cause, by and through his Attorney, and files this his Complaint against Defendant, _________________ (Name of Defendant) , and in support thereof would show unto the Court the following matters and facts: 1. Plaintiff is an adult resident citizen of _____________________________________ (city, county, state) . 2. Defendant is an adult resident citizen of ______________________________________ (city, county, state) . 3. On or about ___________________ (date) , Plaintiff became, and ever since has been, the owner of certain real property located in ___________________ (Name of City) , County, __________________ (Name of State) , and described in Exhibit A attached hereto and made a part hereof. 4. Defendant was, and now is, the owner of certain real property located in ______________________ (Name of City) , County, __________________ (Name of State) , and described in Exhibit B attached hereto and made a part hereof. 5. The real property of Defendant immediately adjoins Plaintiff's land on the (e.g., east) ___________ , fronting on the (e.g., southerly) ______________ line of street. There has been erected, and now is erected and standing on Defendant's land, a three-story wooden frame Building about ____ feet in height, which Building, at all the times mentioned, has had, and still has, on and in the (e.g., west) ____________ sidewall of the Building, and as a part of its structure immediately adjoining Plaintiff's real property on the (e.g., east) ____________ , _________ (number) bay windows, projecting (e.g., westerly) _________________ feet, the base of the lowest of which is about _____feet higher than the top surface of the foundation of the Building. All the windows, from the base of the lowest up to and including the roof of Defendant’s Building, and all cornices, finish, and extensions, daily and continuously overhang above, and thereby encroach on and overlap into, the space above Plaintiff's property immediately adjoining on the (e.g., east) _________________ . 6. The encroachment is not a part of the foundation of Defendant' Building, and can be easily removed. Plaintiff is informed and believes, and therefore alleges, that the encroachment can be removed at a total cost and expense of not more than $_____________. 7. Plaintiff is in the course of improving his property by the construction of a Building on it, thereby enhancing and increasing the market and rental value, use, possession, and occupation of the property. The daily and continuous overhanging above, encroachment on, and overlapping has rendered, and, if permitted to remain, will at all times in the future render, Plaintiff's property dangerous and unsafe for use. The described encroachment has obstructed, and, if permitted to remain, will at all times in the future continue to obstruct, the free use, occupation, and possession, and the safe and comfortable enjoyment of all of Plaintiff's property. It is also preventing and delaying Plaintiff in the construction of a Building, all without right and against the desire of Plaintiff. 8. The encroachment on Plaintiff's property is a nuisance injuriously affecting the market and rental value, use, possession, and occupation of Plaintiff's property, to Plaintiff's financial damage and loss in the sum of $________________. 9. The nuisance described, if permitted to exist, will have a significant adverse effect on the entire value of Plaintiff's property, its use, possession, and occupation, and cause Plaintiff to suffer irreparable loss, for which there is no plain, speedy, or adequate remedy at law. 10. Before the commencement of this action, Plaintiff notified Defendant of the e ncroachment on Plaintiff's property, and demanded that Defendant immediately remove the encroachment , but Defendant refused, and still refuses, to remove the encroachment . WHEREFORE, Plaintiff prays for a Judgment against Defendant as follows: 1. The overhanging structures on Plaintiff's property by Defendant's Building be adjudged and decreed a nuisance; 2. Defendant be required to remove the encroaching structures, and on failure to so do, this court appoint a commissioner with full authority to abate the nuisance by the removal of the overhanging encroachment and overlapping structures; 3. Plaintiff have a judgment and decree forever enjoining Defendant from maintaining the nuisance, and also enjoining Defendant from the construction and reconstruction of the windows, or any of them, which, when open, shall in any manner tip, project, or extend beyond, over, or into Plaintiff's property, or into any space beyond the true boundary line; 4. Plaintiff be awarded damages in the amount of $__________, together with legal interest on that amount from __________________ (date) ; and 5. Plaintiff have costs and such other and further relief as this court may deem proper under all the facts of the case. Respectfully submitted, _________________________ (Name of Plaintiff) By: _______________________________ (Name of Plaintiff’s Attorney) State Bar No. _____________ His Attorney OF COUNSEL: _________________________ (Name of Plaintiff’s Attorney) Post Office Box _________________ ____________________________________ (City, State, Zip Code) Telephone: ___________________