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Defects in neighbouring property

Requirements for cause of action Birmingham Development Co Ltd v Tyler [2008] EWCA Civ 859 Summary In order to establish a claim in nuisance against a neighbour in respect of defects to his property it is necessary to show that there is a well founded fear that the defect is actually dangerous. Facts The claim was for an injunction restraining an alleged nuisance and for damages. The complaint was by one property owner (C) against the neighbouring property owner (D)…

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