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Property Damage, Nuisance, and Trespass Claims

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By

ACL

The short answer

Damage to property can support claims for negligence, trespass, or nuisance. Trespass is a physical intrusion. Nuisance is a substantial, unreasonable interference with the use of property.

Where it fits in your case

When a neighbor, contractor, or other party damages your property or interferes with its use.

What to expect

  • Damages are generally the cost of repair or the loss in value, often whichever is less, plus loss of use.

  • Future repairs may be recovered when reasonably certain.

  • Experts usually establish causation and repair scope, especially for water intrusion.

  • Continuing trespass or nuisance can support an injunction.

  • Latent damage. The discovery rule may delay when the limitations period begins.

What we need from you

Photos over time, repair estimates, inspection reports, and records of when the damage was discovered.

Common misconceptions

  • “We get the full replacement cost.” Diminished value may cap recovery.

  • “Repeated leaks mean automatic liability.” Causation still must be proven.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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