IN THE ___________COURT OF _______________ (County), ______________ (State)
_______________________ PETITIONER
(Name of Petitioner)
V. CAUSE NO. _____,_____
_______________________ RESPONDENT
(Name of Respondent)
Petition for Injunction due to Encroaching Wall
COMES NOW _________________ (Name of Petitioner), Petitioner in the above-
styled and numbered cause, by and through his Attorney, and files this his Petition for an
Injunction against Respondent, ___________________ (Name of Respondent), and in support
thereof would show unto the Court the following matters and facts:
1. Petitioner is an adult resident citizen of ________________________________ (city,
county, state) .
2. Respondent is an adult resident citizen of __________________________________
(city, county, state) .
3. On or about __________________ (date), Petitioner 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. Respondent 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. On or about __________________ (date), Respondent's property was a
__________________ (specify, such as: two-story) building, as was the building owned by
Petitioner. Respondent proceeded to add an additional story to the building, and hired a
contractor to extend the building to the height of ________________ (e.g., one additional
story) . The contractor began to extend the _____________ (e.g., eastern) wall of the building
above the _____________ (e.g., second) story of Petitioner’s building. On _______________
(date) , Petitioner notified Respondent that Respondent's wall was encroaching on Petitioner’s
property, but Respondent denied Petitioner’s assertion. A subsequent survey undertaken by a
civil engineer at Petitioner’s request showed an
encroachment on Petitioner’s property to the
extent of _________________ (e.g., two feet).
6. Respondent refuses to remove or have the encroaching wall removed.
7. Petitioner has no adequate remedy at law. Unless this Court, by mandatory injunction,
orders and directs Respondent to remove the wall, Petitioner will continue to suffer irreparable
loss, injury, and damages.
WHEREFORE, Petitioner requests that the Court issue a mandatory injunction requiring
Respondent to remove the portion of the wall now encroaching on the property of Petitioner,
and that Petitioner recover costs, and have such other and further relief as the nature of their
case may require.
Respectfully submitted,
_________________________
(Name of Petitioner)
By: _______________________________
(Name of Petitioner’s Attorney)
State Bar No. _____________
One of His Attorneys
OF COUNSEL: __________________________
(Name of Petitioner’s Attorney)
Post Office Box ___________________________________________________
(City, State, Zip Code)
Telephone: _________________
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FAQs
Here is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
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