Injunctions (judicial orders that prevent a party from beginning or continuing an action that infringes on the rights of another) in the U.S. are typically either permanent or preliminary--the distinction being that the former is a post-trial object.
Preliminary injunctions frequently have requirements (undue hardship, irreparable injury, etc.) similar to that of permanent injunctions and are often given for the express purpose of maintaining the status quo prior to an eventual trial.
Many small claims courts do not make equitable remedies available, including injunctions. My question is structural: when the eventual damage is predicted to be small, what preventive recourse is available to stop a party from beginning an infringement?
- Party A to a commonly held driveway intends to tear up a portion of the pavement to create additional parking for A's exclusive use despite lack of consent from other owners
- Party A to a commonly held pavilion improves the property by enclosing it without consent of the other owners and then bills all owners