Preventing Interference With Common Ground
TO THE HONORABLE JUDGE
THE PLAINTIFF :…….
ATTORNEY :…….
DEFENDANT :…….
SUBJECT : Our Request for Prevention of Intervention in Common Ground.
EXPLANATIONS : My client owns a property located at ……. and located in ……. Province, ……. District, ……. Neighborhood, ……. plot, ……. block, ……. parcel, …. numbered … is the owner of the independent section with land share … on the main immovable registered to the title deed. The defendant is the owner of the independent section with … land share numbered … in the same immovable.
The defendant has interfered with the right of ownership by building a garage in the garden, which is a common place, on …/…/…. without the permission of the other floor owners.
The verbal warnings made to the defendant to correct this situation were ineffective, whereupon a notice dated ……. and numbered ……. was issued to him from …….. Despite this notice, the defendant did not demolish the garage built on the common ground.
For these reasons, it has become necessary to file this lawsuit in order to prevent the intervention in the common area.
REASONS : Condominium Law and Related Legislation
EVIDENCE :Land Registry, Notice, Discovery and Expert Examination
CONCLUSION OF THE REQUEST : For the reasons stated above, we respectfully request and demand that the defendant’s intervention to the common place be prevented, the garage built in the garden be removed and restored to its former condition, the costs of the proceedings be imposed on the defendant, and the counterparty attorney fee be awarded on our behalf as a lawyer in accordance with the 164/last paragraph of the Attorneyship Law No. 1136 amended by Law No. 4667. …….
ATTORNEY FOR THE PLAINTIFF
