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Where a leak into a neighbouring building has been ongoing for several years causing damage, but has only just been discovered, what is the limitation period for making a claim? How will that impact upon causation and relief/quantum as the nuisance and damage were latent?
Water leaks are often a cause of damage to property including adjoining properties, and may go unnoticed for months or years, after which time the damage may be considerably more serious than would have been the case had the leak been discovered promptly. As such, the neighbouring landowner who has suffered the damage may wish to bring a claim in nuisance and/or Negligence for the damage caused by the leak.
In nuisance, the liability is not a strict or absolute liability, a person not being liable unless they have continued or adopted the nuisance, or, more accurately, did not without undue delay remedy it when he became aware of it, or with ordinary and reasonable care should have become aware of it. Likewise, in negligence, it is necessary to show, duty,
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