While real estate is currently among the most lucrative sectors of the economy, it is filled with several legal minefields that might mar your investment. Without a seasoned Toronto civil litigation lawyer to protect your interests, you might find yourself on the losing end of most legal real estate battles. One of the most common weapons the lawyer might apply to property-related cases to protect you is an injunction. This prevents a party from doing something that affects your interests in real estate. Here are the standard injunctions in real estate.
Preliminary Injunction
This is given before a trial and stops a party from doing something on the property in dispute. Most courts are nonetheless not as keen on issuing a preliminary injunction since a hearing is not yet in progress. Your Toronto civil litigation lawyer might, however, get one if he/she proves that it is necessary and considerable damage will happen without it.
Temporary Restraining Order
This is your first line of defense in property disputes because it is granted quickly and can be implemented fast. Temporary restraining orders are often used to maintain a status quo and give courts time to review property disputes. They are, however, short-lived and have a limited scope.
Permanent Injunction
This comes after the courts have settled the property dispute. When issued, it means that one party should permanently stop or start acting in a certain way. There are two types of permanent injunctions a Toronto civil litigation lawyer may pursue. A prohibitive injunction will prevent a party’s actions while a mandatory one compels someone to do something positive.
The decision to apply for the above injunctions should be carefully considered on a cost-benefit basis. In some instances, they might not do much to your property issues. It would be best if you work with an honest real estate attorney to guarantee you only pursue an injunction that works in your favor.
Powell Litigation 