Fill and Sign the Petition Possession Form

IN THE _________________ COURT OF _________________________ (County) , _____________________________ (State) _____________________________ PLAINTIFF (Name of 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. This is an action in ejectment brought pursuant to (citation to state statute) ___________ ___________________________________________ . 4. Plaintiff is the owner in fee simple absolute of the following real property (the Property ) located in ____________________________ (name of county) County, ___________________ (name of state) : (legal description of property) ______________________________________________________________________________ ______________________________________________________________________________ _____________________________________________________________________________. A copy of the Deed to Plaintiff of the Property is attached, marked Exhibit A, and incorporated by reference. Plaintiff came into ownership of the Property by Warranty Deed on _______________________________________ (date) . 5. Defendant claims title to the following real property under a warranty deed executed on ______________________________________ (date) . A copy of the warranty deed is attached, marked Exhibit B, and incorporated by reference. 6. Both plaintiff and defendant derive title from a common source, namely, ___________________________________________ (name of common grantor) . 7. Defendant is in possession of, and has built a fence on, a part of Plaintiff's property, more particularly depicted on the survey of ___________________________________________ (name of surveyor) . A copy of the survey is attached, marked Exhibit C , and incorporated by reference. It is apparent from a reading of the legal descriptions of Plaintiff's and Defendant's real property, and a reference to the survey, that Defendant's fence is placed on Plaintiff's property approximately (e.g., number of feet) __________ feet from the proper boundary between the parties' properties. 8. Defendant refuses to remove himself and the fencing from Plaintiff's property despite Plaintiff's demand that Defendant do so. 9. Plaintiff has employed the undersigned attorney to represent Plaintiff in this action and has agreed to pay him reasonable attorney's fees. WHEREFORE, Plaintiff requests: 1. Judgment awarding Plaintiff possession of the above-described property of Plaintiff now occupied and possessed by Defendant; 2. Costs of suit; 3. Reasonable attorney's fees pursuant to (citation to state statute) ____________________ ________________________________________________ ; and 4. Such other and further relief as the court deems proper. Respectfully submitted, _____________________________________ (Name of Plaintiff) By: ___________________________________ ______________________________________ (Name & Signature of Plaintiff’s Attorney) State Bar No. __________________ Plaintiff’s Attorney OF COUNSEL: ___________________________ (Name of Plaintiff’s Attorney) Post Office Box ______________ _______________________________ City, State, Zip Code Telephone: _____________________