Kinsey Law Offices 
Complaint Re Boundary Dispute
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    (Name, Address Of Party or attorney)
    ____________
    ____________
    ____________
    State Bar No: ______
    (____) _____ - ________
    Attorney for _______ (Or "In Pro Per")

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ________

 

[PLAINTIFF(S) NAMES]
Plaintiffs,

 

v.
 
[DEFENDANT(S) NAMES]
and All Persons Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiff's Title, or Any Cloud On Plaintiff's Title Thereto and DOES 1 through 10, inclusive,
Defendants
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CASE NO: _______
 
COMPLAINT TO QUIET TITLE AND FOR INJUNCTIVE RELIEF

Plaintiff complains and for causes of action alleges as follows:

1. Plaintiff __________ [name], is, and at all times
mentioned in this complaint was, a resident of __________
County, California.

2. Defendant __________ [name], is, and at all times
mentioned in this complaint was, a resident of __________
County, California.

3. Plaintiff does not know the true names of defendants
All Persons Unknown, Claiming Any Legal or Equitable Right,
Title, Estate, Lien, or Interest in the Property Described in
the Complaint Adverse to Plaintiff's Title, or Any Cloud On
Plaintiff's Title Thereto and DOES 1 through 10, inclusive, and
therefore sues them by those fictitious names. __________
[Optionally, in addition to language in charging allegations
that includes fictitiously named defendants: Plaintiff is
informed and believes and on that basis alleges that each of the
DOE defendants claims, or may claim, some interest in
plaintiff's real property described in this complaint.] The
names, capacities and relationships of DOES 1 through 10 will be
alleged by amendment to this complaint when they are known.

4. Plaintiff is informed and believes and on that basis
alleges, that at all times mentioned in this complaint,
defendants were the agents and employees of their codefendants,
and in doing the things alleged in this complaint were acting
within the course and scope of that agency and employment.

5. Plaintiff is the owner in fee and is in possession and
control of real property and improvements located at __________
[location and street address of property], and more specifically
described as __________ [set forth legal description of real
property].

6. Plaintiff obtained fee simple title to the real
property by a grant deed from __________ [name of grantor],
which is dated __________ [include date of deed], and recorded
as document number __________ in the official records of
__________ County, California.

7. Defendant __________ [named defendant] is the owner in
fee and is in possession and control of real property and
improvements located at __________ [location and street address
of property], and more specifically described as __________ [set
forth legal description of real property].

8. The above-described properties of plaintiff and
defendant __________ [named defendant] adjoin each other at the
__________ [specify, such as: north] boundary of plaintiff's
property and the __________ [specify, such as: south] boundary
of __________'s [named defendant's] property. The true and
correct boundary line between the properties of plaintiff and
defendant __________ [named defendant] runs as follows:
__________ [describe boundary line that plaintiff contends is
correct].

9. Defendants claim an interest or estate in plaintiff's
above-described property, or a portion of it, by disputing and
denying that the true and correct boundary line between the
properties of plaintiff and defendant __________ [named
defendant] runs as described in paragraph 8 of this complaint.
Plaintiff is informed, believes, and therefore alleges that
defendants contend that the true and correct boundary line
between the properties of plaintiff and defendant __________
[named defendant] runs as follows: __________ [describe
boundary line that defendants claim to be correct]. The claim
of defendants is without any right whatsoever, and defendants
have no right, estate, title, or interest in the above-described
property of plaintiff, or any part of it.

10. Plaintiff seeks to quiet title to the disputed portion
of plaintiff's above-described property as of __________
[specify either the date of the filing of the complaint or state
reasons why a determination of title as of a different date is
sought].

11. Defendant __________ [named defendant] __________ [has
wrongfully threatened to interfere or is interfering] with
plaintiff's use of the disputed portion of plaintiff's above-
described property and, in particular, has __________ [state
nature of the threatened or actual interference].

12. Defendant __________'s [named defendant's] __________
[wrongful threat to interfere or actual and continuing
interference], unless and until enjoined and restrained by order
of this court, will cause grave and irreparable injury to
plaintiff in that plaintiff __________ [will be or is being]
deprived of use of the disputed portion of plaintiff's above-
described property.

13. Plaintiff has no adequate remedy at law for the
__________ [threatened or continuing] conduct in that it would
be impossible for plaintiff to determine the precise amount of
damage plaintiff will suffer if defendant __________'s [named
defendant's] conduct is not restrained, and in that plaintiff
will be deprived of the use of real property, which deprivation
cannot be compensated in damages.

WHEREFORE, plaintiff demands judgment against defendants as
follows:

1. That defendants be required to set forth each and every
claim they may assert to plaintiff's above-described property;

2. That this court determine the true and correct location
of the boundary line between the above-described properties of
plaintiff and defendant __________ [named defendant].

3. That plaintiff's title in and to plaintiff's above-
described property be quieted, that it be adjudged that the true
and correct location of the boundary line between the above-
described properties of plaintiff and defendant __________
[named defendant] be as alleged by plaintiff in paragraph 8 of
this complaint, and that defendants be adjudged to have no
right, title, estate, lien, or interest in or to the property of
plaintiff, or any part of that property;

4. For a temporary restraining order, a preliminary
injunction, and a permanent injunction prohibiting defendant
__________ [named defendant] from interfering with plaintiff's
use of the disputed portion of plaintiff's property;

5. For attorney fees and costs incurred in this action;
and

6. For such other and further relief as this court may
deem just and proper.

 DATED: _______________  __________________________________________
   (Signature)

 

VERIFICATION

I, ___, am a ___in the above-entitled action. I have read the foregoing ___and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Long Beach, California.

 

 

DATED: _________________ ___________________________________

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