Cease And Desist Petition

Definition of "Cease and desist petition"

Individuals, homeowners, and businesses often engage in disputes and conflicts that require fast resolution. However, everybody seeks to avoid legal proceedings. One amicable way to address such issues is the cease and desist petition. So, what does cease and desist mean? 

What does cease and desist mean in legal terms?

The official “cease and desist meaning “refers to written communication sent to a party, typically drafted by a real estate attorney. In this cease and desist petition, the other party is informed of their alleged illegal or harmful conduct. In other words, the petition is a formal demand requesting an individual or entity to end actions that violate the petitioner’s rights. 

The cease and desist petition also implies that the sender may take further legal action unless the recipient stops the specified actions immediately. You must know that this document isn’t legally binding. However, a carefully formulated cease and desist petition often presses the receiver to reconsider their actions and can spur a friendly resolution.

How do cease and desist petitions work in real estate?

In real estate, arguments can arise between property owners, tenants, and hostile neighboring parties. Disagreements can escalate to the point where one party feels their property rights are intruded upon or infringed upon. Therefore, they often resort to legal actions to protect their interests. One such legal measure is a cease-and-desist petition.

If the petition doesn’t fulfill its purpose, the case can go to court. That’s how a cease and desist petition can lead to a cease and desist order real estate.

Which are the most frequent instances of filing a cease and desist petition?

Let’s see some concrete examples of situations when homeowners will file a cease and desist petition!

  1. An adjacent property, retail development, or commercial building can cause disturbances or nuisances in your neighborhood. The situation can escalate and affect the value and enjoyment of another property. Under such circumstances, the impacted party can request a cease and desist to stop the annoying or inconvenient activities.
  2. Suppose someone is unlawfully entering and using another person’s property without permission. In that case, the property owner can file a cease and desist petition demanding that the trespasser refrain from accessing their property.
  3. Disagreements can revolve around property boundaries. One owner can file a cease and desist petition to prevent the other party from making changes or intruding into their territory (as in encroachment) until the matter is legally handled. Zoning laws and ordinances should avoid disputes over boundaries. Yet, to this day, loopholes originating from land subdivisions are still present. 
  4. Suppose a neighboring property owner engages in actions that damage or vandalize the appearance or surface of another property. Think of graffiti or any other unauthorized changes. In that case, the victim of the property defacement can use a cease and desist petition to end these activities.

How should you go about filing a cease and desist petition? 

Before pursuing any legal action, we recommend the affected party compile adequate evidence supporting their claim. Remember to include photos, videos, witness statements, documents, such as the property title, and other relevant information that demonstrates your point of view!

What happens when the petition is framed and served to the other party? Then, they have a legal obligation to comply with the demands stated in the document. Suppose the petition receiver fails to cease the actions in question. In that case, the petitioner can take the case to court. In the cease and desist order, the court will require the defendant to stop the actions immediately, or they will face severe legal consequences.

Final thoughts

A cease and desist petition in real estate is a powerful, timely, and appropriate means to protect your property rights. In addition, they serve to resolve real estate conflicts before spinning out of control. Most importantly, property owners should know their rights and responsibilities! So why don’t you ask yourself, “Am I a good neighbor?

Seek legal counsel if you believe your property is damaged illegally. Thus, property owners can maintain their real estate investment’s integrity and value. At the same time, you can promote peaceful coexistence with your neighbors!

Comments for Cease And Desist Petition

Tim Scovill Tim Scovill said:

Trying to stop the state highway dept from diverting stormwater on private property

Sep 08, 2018  21:00:06

 
Real Estate Agent

Hey Tim,
thanks for reaching out!

Contact a real estate lawyer so you'll be able to do that. We understand it's the same principle of the cease and desist petition but we're not sure if there are specific legal requirements and paths to do that that diverge from the cease and desist petition. Not to mention how the laws will be different from state to state... A real estate lawyer will know how to help you. Good luck!

Sep 10, 2018  16:35:16
 
 
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