Obtain information on court injunctions

The court injunction allows the owner of a property or the holder of a property right, such as a usufructuary, to preventively request a judicial authority to prohibit any disturbance of possession on his or her property. This makes it possible to then prevent any disturbance without having to go through legal proceedings again, by filing a simple complaint instead, which gives rise to a fine. It is useful, for example, in the case of a parking space used without right. It makes it possible to penalize all unauthorized users, without having to go through a lengthy procedure each time.

The injunction must be requested from the competent judicial authority, which varies from canton to canton. The applicant must prove his right to the property he wishes to protect, and demonstrate that a disturbance of possession exists or is likely to occur, for example because people regularly park their vehicles on his property when they have no right to do so.

If accepted, the injunction is published officially and must be posted on the property concerned. Objections may arise, which must be resolved by legal action.

Legalify offers assistance and representation with court injunction procedures and in all related matters. Contact our lawyers for more information.