Legal Question in Real Estate Law in Minnesota

Injunction coming

I have asked (demanded - served by Official Authorities) a neighbor to evacuate a private road he has had the courtesy of using for under 15 years. He has easement up to the private road, not on it. I expect he will file an injunction that I not close down the private road. Is answering an injunction similar to answering a summons? Can it been done by writ or only by appearance? How many days after I serve notice to evacuate does he have to file an injunction? Is there a standard amount of days after he files, this would be heard? Any good sites for case law that might be helpful for procedure? Thanks much.


Asked on 6/02/08, 5:29 pm

1 Answer from Attorneys
Steven Vatndal Law Office of Steven J. Vatndal

Re: Injunction coming

A person gets an injunction by serving the other person with a summons and complaint and proceeding with the lawsuit, asking the court for the injunction as part of the remedies. The injunction is granted or denied at the end of the case. A temporary injunction can be granted while the case is pending, the person asking for it has to file a motion asking for it and there is a hearing. In very unusual situations, a temporary restraining order can be issued by the court without notifying the other party; however, they must be notified right after the TRO is issued and a hearing must be held within about 10 days to give the other party a chance to object to a temporary injunction being in place while the suit is finished.

Some of these motions are scheduled and heard rather quickly. You should find a lawyer now that you are comfortable with so you will be ready to respond quickly if the other person acts. When shopping for a lawyer, ask how much experience he/she has in real estate litigation (particularly prescriptive easements, since it sounds like that is going to be the main issue).

Please e-mail me directly at [email protected] if you have further questions.

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Answered on 6/03/08, 7:47 am


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