Kerrville Lawyer Aids Clients in Temporary Real Estate Injunction Litigation
Law firm effectively resolves complex property disputes in Texas
In real estate litigation, it’s often the case that one party wants to stop another from taking or continuing with actions that could hurt negatively impact the value or enjoyment of the property affected. That party can seek a temporary injunction — a court order to preserve the “status quo” or current condition of the property until the dispute is resolved. At The Law Firm of Richard L. Ellison, P.C. in Kerrville, I have decades of experience handling injunctions for Texas residential and commercial property owners.
What is a real estate injunction?
Texas real estate injunctions are a type of equitable remedy by which a court orders an individual or group of people not to do something or compels them to take action. If another person or entity is taking or planning activity that you fear will damage your property, I can advise you about obtaining a temporary real estate injunction to stop the activity until the issue can be resolved.
Common reasons injunctions are used
An injunction may be effective to protect property interests in varied scenarios, including these:
- Stopping encroachments from neighboring property
- Halting development on nearby property
- Preventing diversion of water onto property
- Disputing installation of underground pipelines
- Preventing trees from being removed
My law firm requests temporary injunctions or defends against them, depending upon our clients’ needs and objections.
Types of real estate injunctions in Texas
These forms of injunction may be used in real estate disputes:
- Temporary restraining order (TRO) — This type of relief can be issued at one party’s request in an emergency situation, without notice to or input from the other parties involved. A TRO usually lasts only a few days, until there is a hearing at which the other parties can be heard.
- Preliminary or temporary injunction — This order is put in place in the pre-trial phase of litigation to prevent irreparable harm to the plaintiff’s property. It generally remains in force until the court enters a final judgment in the case.
- Permanent injunction — Once the court enters a final judgment, it may order a permanent injunction if money damages cannot adequately address the plaintiff’s potential losses.
Besides prohibiting conduct, an injunction may mandate that specified actions be taken within certain periods of time.
What is required for a court to grant a temporary injunction in Texas?
To obtain a preliminary or temporary injunction, you must provide sufficient evidence to convince the court that you have suffered or will sustain irreparable injury if the relief is not granted. When you file the application for a temporary injunction, you must give notice to all indispensable parties, meaning all those whose rights are implicated. Those parties have the opportunity to appear at a hearing at which you will provide evidence in support of your claim. You must also post a bond, in an amount determined by the court, which is a financial assurance that the other affected parties will be compensated for their costs if you do not prevail in the case.
My law firm understands the complexities involved in getting a court to grant a temporary injunction and will guide you throughout the process. You can rely on me to work zealously toward obtaining the relief you need to protect your property interests.
Contact a well-informed Texas real estate attorney for your property dispute
At The Law Firm of Richard L. Ellison, P.C., I represent Texas property owners throughout the Kerrville area in litigation that includes seeking or defending against temporary real estate injunctions. To schedule a consultation, call my firm at 830-955-8168 or contact me online.