Happy family

Find a legal form in minutes

Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms.

Inadequacy of Remedy at Law

Generally, courts hold that equity has jurisdiction to grant a mandatory injunction, because a landowner does not always have an adequate remedy at law against an adjoining owner who has encroached upon his/her land.[i]  Courts have held that the powerful aid of a court of equity by injunction can be successfully invoked only in a strong and mischievous case of pressing necessity.[ii]  Moreover, there must be satisfactory proof of real substantial damage.

[i] Trueblood v. Pierce, 116 Colo. 221, 179 P.2d 671, 171 A.L.R. 1270 (1947)

[ii] Tanner v. Wallbrunn, 77 Mo. App. 262 (Mo. Ct. App. 1898)


Inside Inadequacy of Remedy at Law