Injunction & Specific Performance

What this covers

These are two of the sharpest tools in property litigation. An injunction restrains someone from acting, transferring, building on or entering land while a dispute is decided. Specific performance compels a party to carry out a contract, most often a seller who took your money on an agreement and then refused to execute the deed.

Injunctions

Where the other side is about to sell, build on, or dispossess you of disputed land, an injunction can freeze the position before the harm is done. We move quickly for temporary and, where justified, permanent injunctions, because in land disputes the party who acts first often controls the ground.

Specific performance

Where you have a valid agreement to buy and the seller refuses to complete, the court can order them to perform, to execute and register the deed, rather than leaving you with only a claim for money. We sue for specific performance and protect the property with an injunction while the case runs.

What helps your case

• The agreement or right you are enforcing or protecting
• Evidence of the threatened or ongoing act
• Proof of your readiness and willingness to perform, for specific performance
• The title and record for the property

Where it is heard, and how long it takes

A temporary injunction can be sought at the very start of a case and decided quickly where there is urgency. The underlying suit, including specific performance, runs its full course over months to a few years, with the injunction holding the position meanwhile.