Frustrated, Padme has asked John to either do his inspection at a different time or to just let the large tree grow without constant maintenance. John has repeatedly refused either accommodation. Finally, Padme has had enough and sued John.
Padme’s issue is there is not really any damage to her property when John walks through it. There are no rare and expensive plants being trod over and arguably the constant maintenance of the tree is improving her land. However, Padme owns the land John has taken to using for his inspection.
Padme can most likely establish the elements necessary for an injunction. Because there is no harm to the property, damages will not cure the ill. As John is trespassing, Padme will easily win her underlying claim and the decision will protect her rights in real property. The only issue is if there would be irreparable harm to the property without an injunction, but as a general matter protecting the ownership of real property tends to be sufficient.
An injunction can do a couple of things for Padme. Injunction comes in two general flavors: thou shalt and thou shalt not. Here, because Padme wants John to stop doing something, the injunction will be in a thou shalt not format. As in John shalt not trespass on Padme’s property. If he does then he will have violated a court order and could be sent to jail for contempt of court. This remedy would not prevent John from inspecting the tree, only from entering Padme’s property without permission.
Injunctions are powerful tools. In instances such as this, injunctions may be the best answer for a bad situation.