Petition For Prohibition Of Intervention In Real Estate
TO THE HONORABLE COURT
…….
PLAINTIFF :…….
ATTORNEY :…….
DEFENDANT :…….
SUBJECT : Our request for intervention and compensation.
EXPLANATIONS: 1-The defendant owns a plot of land adjacent to our client’s property, which is registered in the land registry as ……. Province, ……. District, ……. Village, ……. Block, ……. Parcel, with an area of ……. m².
2-The defendant, who has established a factory producing construction machinery on his plot of land, has encroached on approximately 100 m2 of our client’s plot of land.
3-Our client has had the necessary measurements taken and has warned the defendant with a notice dated ……. and numbered ……. by the ……. Notary Public.
4-The defendant did not even respond to our client. Our client’s good faith efforts were also unsuccessful.
5-We request that the defendant’s unjust encroachment on our client’s land be prevented and that compensation be paid for the land.
LEGAL GROUNDS: MK.m.618 and other provisions.
EVIDENCE: Land registry record, survey, expert examination, witness statements
RESPONSE PERIOD: 10 days.
REQUESTED OUTCOME: Based on the aforementioned reasons, we request that the unlawful encroachment on our client’s real estate by the defendant be prevented, that the building on the land be demolished, and that the defendant pay our client, who has been unable to use the 100 m² portion of the land for the past 18 months since the building was constructed, a total of ……. , along with legal interest accruing from the date of the lawsuit, and that the litigation costs be borne by the defendant. We request that the opposing party’s attorney’s fees be awarded to us as attorneys in accordance with the final paragraph of Article 164 of the Attorney Law No. 1136, as amended by Law No. 4667.
PLAINTIFF’S ATTORNEY
