A Guide to Understanding Injunction Real Estate: What You Need to Know

When it comes to real estate, injunctions can be a tricky concept to understand. Injunction real estate can be a complex legal issue, but it doesn’t have to be. With the right information, you can gain a better understanding of what an injunction is, as well as how it affects you as a real estate investor or buyer.

In this guide, you’ll find all the information you need to make an informed decision about your real estate investment. We’ll cover what an injunction is, the different types of injunctions, and the legal steps you need to take to protect your rights.

By the end of this guide, you’ll have a better understanding of injunction real estate and be able to make informed decisions about your investment.

What Is an Injunction?

An injunction is a court order that directs a party to stop engaging in a particular action. An injunction is often used to enforce rights that have already been obtained, such as a contract, or to prevent a party from breaching an agreement.

Injunction real estate can occur in a number of situations, including when a neighbor sues you for a noise violation or when a seller is trying to protect their property from a nearby development. In these situations, the court will issue an injunction that states the terms and conditions under which the parties must abide.

Types of Injunctions

There are several types of injunctions you should know about to better understand how they affect real estate. In some cases, the type of injunction will dictate the actions you can and cannot take on your investment.

1. Injunction: A neutral or temporary order granted by a court to stop a party from engaging in a certain action until the court rules on a more permanent injunction. A temporary injunction is often issued before a lawsuit is filed to stop a party from acting in a way that would violate another party’s rights.

2. Injunction (Permanent): A permanent order granted by a court that enforces an existing right. For example, a seller may have a right to sell their property. If a neighbor is violating the right to sell, a court may issue a permanent injunction to stop the neighbor from acting in a way that would prevent the sale.

3. Injunction (Temporary): A temporary order granted by a court before a lawsuit is filed to stop a party from acting in a way that would violate another party’s rights. A temporary injunction is a type of restraining order, meaning it prohibits one party from doing something until a judge makes a final ruling on the matter.

4. Rights of the Parties Involved

The rights of the parties involved in a real estate injunction will depend on the type of injunction and the type of right being enforced. For example, if you’re the plaintiff requesting a temporary injunction, you have the right to request a temporary order that prohibits the other party from taking certain actions.

As the defendant in this type of injunction, you have the right to defend yourself against the injunction by providing evidence that suggests the injunction should not be granted.

In other cases, the plaintiff has the right to request a temporary or permanent injunction that would prohibit the defendant from taking certain actions.

How Injunctions Affect Real Estate

Injunction real estate will vary from case to case. If a neighbor sues you for a noise violation, for example, the court will issue an injunction against you. The terms of the injunction will state that you cannot make noise that violates your neighbor’s right to quiet enjoyment of their property.

If you violate the terms of the injunction, you could be held in contempt of court and face legal consequences. In some cases, the court may impose fines against you.

In other cases, the court may take more extreme measures, such as jail time. In other cases, a seller may file an injunction against a developer proposing to build nearby. In this case, the terms of the injunction will state that the developer must halt construction until the court reaches a final ruling. This allows the seller time to sell their property before the nearby construction would reduce its value.

The Legal Process for Obtaining an Injunction

The legal process for obtaining an injunction will depend on the type of injunction you’re requesting and the type of rights you’re trying to enforce. You’ll start by filing a lawsuit or motion for an injunction, then providing evidence and arguments to support your request.

You’ll then attend a hearing with the judge to present your case in person. Depending on the type of injunction, you may need to provide notice to the other party before filing the lawsuit or motion.

This allows the other party to respond to your request before you file a lawsuit and request an injunction from the court.

The Legal Process for Defending Against an Injunction

As the defendant in an injunction, the first thing you’ll do is respond to the lawsuit or motion for an injunction. You’ll then provide evidence and arguments to support your position that the injunction shouldn’t be granted.

You may need to respond to a notice of hearing, which will announce the date and time of your hearing with the judge. Depending on the type of injunction, you may need to provide notice to the other party before responding to the lawsuit.

Doing so gives the other party time to respond to your position before you attend a hearing with the judge.

Contact Doane & Doane if You Need Help with a Real Estate Injunction

If you want to learn more about real estate injunctions, contact Doane & Doane today. Our lawyers are experienced legal advisors and litigators who can help you develop a sound strategy for resolving your case. Call  (561) 656-0200  or contact us online to schedule your consultation with one of our residential or commercial real estate attorneys.

You can trust us to make sure you understand this complicated area of the law and to help you navigate it successfully.

The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.