When your neighbor has scheduled a contractor to cut down your row of trees, blocked your access road or started constructing a chicken farm that threatens to pollute your water, you don’t have time to let a lawsuit wind its way through court. By the time the case reaches a final decision, the trees may be gone, the road may be unusable or the water supply may already be contaminated.
A temporary injunction may prevent things from proceeding while a Texas court considers the underlying dispute.
Avoiding irreparable, imminent harm
Temporary injunctions are generally reserved for situations where there is the potential for irreparable harm if an action is allowed to proceed while the issue goes to trial.
A temporary injunction does not decide the case. Instead, it generally preserves the status quo and keeps one party from causing damage that cannot be adequately undone if they lose the legal battle. A property owner might need an injunction to prevent someone from:
- Blocking or interfering with access to the property or an easement
- Removing trees, soil, rocks, ponds or other unique property features
- Routinely entering the disputed land to hunt, forage or do other activities
- Diverting streams or contaminating water that is part of the property
- Building or demolishing something on the property without permission
- Developing an adjacent property in a way that diminishes their property’s value
Some property damage can be measured in dollars. Other losses are not so simple. A financial award months later might not be enough to compensate an owner for the destruction of mature trees, for example.
Ultimately, a temporary injunction may become permanent if the party requesting it is successful in their lawsuit. A temporary injunction is usually a short-term emergency measure in response to a real, documentable and imminent threat.
When permanent, negative changes to your property are about to happen, waiting can severely limit the available solutions. An experienced real estate attorney can evaluate the urgency, gather the necessary evidence and ask the court for an order aimed at preventing further harm.
