Investing in property comes with huge financial investments and a swarm of issues the buyer needs to handle. One issue is a breach of contract. However, an Injunction can save you from a lot of trouble.
Injunctions are the preventive relief that a party can seek against the other in case of a breach of contract. The grieving party may also seek an injunction from the court in circumstances where the acts of the other party threaten or invades their legal rights. It is a direction from the court for a party to the proceeding to do or not to do a certain act as specified in the order.
An injunction is one of the most sought-after reliefs and weapons used in real estate litigations. It helps disputes get a head start and protects the vital interests of the petitioner in the real property.
The only requisite is that the law and the facts of the case must support such an order. An injunction may be issued to prevent trespassing, any action that may lead to the loss of value of the property, or improper intrusions carrying the risk of encroachment in the future etc. There could be various other matters where only an injunction can be considered an appropriate remedy for the damages suffered.
Preliminary injunctions are passed before the beginning of a trial. Its object is to preserve the subject matter of the litigation in its present condition. Most civil cases take a very long time to arrive at a final decision, and in some cases, it could ruin the essence of the injunction. Therefore a preliminary injunction is passed as a form of immediate relief which helps preserve the plaintiff’s rights.
A preventive injunction is passed against a party to prevent them from committing a specific act of omission or commission.
Mandatory Injunction is the most rigorous form of an injunction. It binds the party to mandatorily perform an act without any leeway. For example, if the construction of a building is considered misplaced by the court, it can order its removal. It is a mandatory order and must be followed by the defendant.
A temporary restraining order is a short-term injunction that a court can issue to prevent a party from taking a certain action.
A permanent Injunction is a final order that a judge may issue in the case. It defines the relationship of the parties in certain matters and remains constant.
