How can I force my neighbor's to remove the fencing that has caused damage to my property?
05/19/2009 - Category:Real Property - Encroachment - State: PA #16703
I surveyed my property and then proceeded to build a fence which includes 10' of rocks up to my property line. The adjacent owners recently put a railroad tie wall right up to my old fence and knocked it down. They incorrectly piled up the railroad ties which are now knocking down my new fence. All of their railroad ties are now on my property and causing damage to my new fence and preventing me from completing my fence with rocks. How can I file charges in the court to have them remove the railroad ties, the cement blocks, and the pipe from my property?
A quiet title or trespass to try title action is the method of determining title to lands. In a quiet title action, it is possible to ask the court to issue an injunction to force another to do or refrain from doing an act. An injunction is an equitable remedy that the court may order when money damages will be inadequate to remedy the harm suffered.
Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that
(1) the movant has a ‘strong’ likelihood of success on the merits;
(2) the movant would otherwise suffer irreparable injury;
(3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and
(4) the public interest would be served by issuance of a preliminary injunction.
In the case of an encroachment, a plaintiff may be awarded the fair value of the property. Typically, the court will determine value of property based upon expert evidence as to the value of comparable property in the location. In order to award punitive damages for an encroachment, courts have held that the plaintiff needs to prove the defendant acted with recklessness that shows a conscious disregard of property rights. Punitive damages are designed to deter conduct that was based on wrongful intent, usually requiring some proof of fraud, malice, oppression, or other wrongful and intentional motives.
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05/19/2009 - Category: Encroachment - State: PA #16703
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