Reference decision: cc • No. 17-24.333 • 2018-11-08 • View the decision →
This decision provides important insight into your family and property rights. Here is what it changes for you.
The situation
On the basis of the principle that no one may cause an abnormal neighbourhood nuisance to another, a contractor, including a public works contractor, is strictly liable towards neighbouring victims for having carried out an activity directly connected with the abnormal nuisance caused, notwithstanding the fact that the origin of the damage, caused by a vehicle, lies within the public domain
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Scrupulously observe the statutory time limits for bringing a claim
- Keep all your supporting documents (title deeds, official deeds, correspondence)
- Plan ahead: preventive advice is always cheaper than litigation
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