In the complex landscape of real estate litigation, time is often of the essence. Property disputes can escalate quickly, sometimes resulting in irreparable harm to a party’s interests if not addressed immediately. Emergency injunctions are among the most effective legal tools available in urgent situations. They allow for immediate court intervention when other legal remedies fall short—such as stopping a wrongful eviction, halting illegal construction, or preventing the sale of disputed property. This swift action can be critical in protecting your rights and preserving your interests. Partner Nativ Winiarsky of Kucker Marino Winiarsky & Bittens explores what emergency injunctions are, when they are appropriate in real estate cases, and how parties can effectively obtain and use them to protect their interests.
Understanding Emergency Injunctions
An injunction is a legal remedy issued by a court that compels a party to do or refrain from doing specific acts. An emergency injunction, often referred to as a temporary restraining order (TRO) or preliminary injunction, is designed to preserve the status quo until a more thorough legal analysis can occur. These orders are issued quickly, sometimes within hours or days, when a judge determines that immediate action is necessary to prevent irreparable harm.
Emergency injunctions are commonly used in civil litigation, and their importance in real estate law cannot be overstated. Real estate assets are often unique and irreplaceable, meaning that monetary compensation alone may not be adequate to remedy a wrong.
Common Real Estate Scenarios Requiring Emergency Injunctions
Emergency injunctions can be used in a variety of real estate disputes. Below are some of the most common scenarios:
1. Preventing Unlawful Evictions
Tenants facing eviction without proper legal procedure may seek an emergency injunction to halt the eviction process. Courts may issue a TRO if a landlord attempts a “self-help” eviction, such as changing locks or shutting off utilities without a court order.
2. Halting Unauthorized Construction
If a property owner, neighbor, or developer begins construction that infringes on another’s property rights, such as building across a property line or erecting a structure that violates zoning ordinances, an emergency injunction can stop the work until the dispute is resolved in court.
3. Stopping the Sale or Transfer of Property
In cases involving disputed ownership, forged documents, or fraud, an emergency injunction can be used to halt the closing of a property sale. This is especially important when the plaintiff asserts that the sale would cause irreversible damage or render the lawsuit moot.
4. Protecting Easements and Rights of Way
Property owners often have legal rights to access certain parts of neighboring land through easements. If these rights are suddenly blocked or threatened, courts can issue emergency injunctions to restore access and prevent further conflict.
5. Preserving Environmental or Historical Sites
If a landowner is about to destroy a property that holds environmental or historical value, stakeholders may seek an emergency injunction to delay or prevent the destruction while seeking a long-term resolution.
Legal Requirements for Obtaining an Emergency Injunction
Although emergency injunctions are powerful, they are not granted lightly. Courts typically require plaintiffs to meet a strict set of legal standards before issuing one. The criteria vary slightly by jurisdiction, but the following four-pronged test is widely accepted:
- Likelihood of Success on the Merits
The applicant must demonstrate a strong chance of winning the underlying case. - Irreparable Harm
The harm must be of such a nature that it cannot be adequately remedied by monetary damages. - Balance of Equities
The court considers whether the harm to the applicant outweighs the harm that the injunction might cause to the opposing party. - Public Interest
In some cases, the court evaluates whether granting the injunction aligns with public policy or serves the broader community interest.
Because of the urgency, judges often make initial rulings based on affidavits, verified pleadings, and sometimes even oral arguments presented during emergency hearings. A full trial or evidentiary hearing may come later, at which point the injunction could be modified, dissolved, or made permanent.
Procedural Aspects and Practical Considerations
To secure an emergency injunction, speed and preparation are critical. Here’s a breakdown of the key procedural steps:
- Filing a Complaint and Motion: The plaintiff must file a lawsuit along with a motion for an injunction, supported by evidence such as declarations, contracts, or photos.
- Notice Requirements: In some jurisdictions, plaintiffs are required to notify the opposing party before seeking an injunction, unless doing so would defeat the purpose of the motion (e.g., a sale would be completed before notice can be given).
- Ex Parte Motions: Courts may issue temporary restraining orders ex parte, meaning without notifying the other party, if there is a credible risk of immediate and irreparable harm.
- Bond Requirements: To protect the defendant from wrongful injunctions, courts often require the plaintiff to post a bond. This bond compensates the defendant for any losses if the injunction is later deemed unjustified.
- Follow-Up Hearings: Emergency injunctions are typically short-term. Courts usually schedule a preliminary injunction hearing within a few days or weeks to revisit the issue and determine whether to extend or modify the order.
Strategic Use and Risks
While emergency injunctions can offer critical relief, they are also a double-edged sword. A poorly prepared or frivolous motion can damage the plaintiff’s credibility and weaken their broader legal position. Courts are wary of parties who attempt to use injunctions as a tactic to delay or harass. Therefore, it is essential for parties to consult experienced real estate litigation counsel before filing.
Another consideration is the potential liability from the bond. If the injunction causes significant loss to the defendant, such as a failed sale or construction delay, the plaintiff could be on the hook for those losses.
Emergency injunctions play a vital role in safeguarding property rights when immediate action is needed. Whether you’re a tenant facing an illegal eviction, a property owner dealing with encroachment, or a buyer disputing a fraudulent sale, these legal tools can serve as a crucial stopgap while the court evaluates the merits of the case. However, given the high stakes and procedural complexity, careful planning, solid evidence, and skilled legal representation are essential for success. By understanding when and how to seek an emergency injunction, parties can act swiftly and strategically to protect their real estate interests in times of crisis.