What is an injunction on land?

What is an injunction on land?

An injunction is a court order that requires a party to do a specific act, or to refrain from doing a specific act. The traditional remedy for evicting trespassers is to seek a court order for possession, requiring those in occupation to give back possession to the rightful owner.

What happens if you go against an injunction?

After an injunction has been granted 5.48 If a person who is the subject of an injunction breaches the injunction, they may be held in contempt of Court, which is punishable by fines and/or imprisonment.

What does an injunction of protection prevent?

Injunctions are given in many different kinds of cases. They can prohibit future violations of the law, such as trespass to real property, infringement of a patent, or the violation of a constitutional right (e.g., the free exercise of religion).

Can you get an injunction on a property?

An injunction is an order by a judge that commands someone to either do or stop doing something. You can ask the court to issue your landlord an injunction to allow you back into your home or to stop harassing you. Your landlord can be fined or sent to prison for not obeying an injunction.

Who enforces an injunction?

One of the most flexible ways to enforce an injunction is with the contempt power of the court. It permits a variety of different remedies that are available to creative lawyers and judges. But with its power comes a distinct set of hazards that careful lawyers need to avoid.

Can you appeal against an injunction?

You can complain to the court where you had the hearing if you’re unhappy with the service they provided. You may be able to make an appeal about the decision if you think there’s been a serious mistake.

What can an injunction do?

An injunction is a Court order which orders a company or person to stop doing (called a “prohibitory injunction”) or to do (a “mandatory injunction”) a particular act or thing. A party who breaches an injunction can be held in contempt of Court which in some circumstances can lead to imprisonment.

Can you get an injunction without going to court?

Even if the court does not issue a restraining order (or if there has not been a criminal trial at all) you can make an application for a protective injunction.

Can I stop an injunction?

It is also important that you do not take any steps which might breach the terms of the injunction in any way, as a breach of an injunction is generally punishable as a contempt of Court which in some circumstances can lead to imprisonment.

On what grounds can I get an injunction?

An injunction is a legal order for a person to do or not to do something. these can include: problems with a neighbour acting in an anti- social way, loud noise for example; being harassed or intimidated by a person; to halt work e.g Tree removal. There are many examples.

Can I appeal an injunction?

What evidence do I need to get an injunction?

An application for an interim injunction must usually be supported by evidence. This will usually be in the form of a witness statement or affidavit including all material facts of which the Court should be made aware, and attaching relevant documents.

How hard is it to get an injunction?

Getting an injunction is more difficult, risky and expensive than most people think. It is not just a matter of telling your lawyer to “get an urgent injunction” and expecting to receive one, because the Court will only grant an injunction in certain limited circumstances (set out below).

How long does an injunction order last?

Injunctions are normally for a specified period of time (e.g. six months) but can be renewed; or they may be made “until further order”. There is no limit on the length of time that non-molestation orders can be extended.

What do you need to prove for an injunction?

Do you have to go to court for an injunction?

In most cases only you and the person you’re applying for an injunction against, and any legal representatives, can attend. Read about what to expect when you go to a court hearing. You may be able to have your hearing over a video or phone call if you need extra protection or it’s hard for you to come to court.

What evidence do I need for an injunction?