Q&As

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?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 08 November 2021
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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,

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Limitation period definition
What does Limitation period mean?

The time period during which court action must begin.

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