The Development of Liability between Neighbours

Cases arising from disputes between neighbours (what English law would describe in terms of the law of nuisance) fall towards the edge of the law of tort, on its boundary with the law of property. They therefore provide a good example of how the categorisation of a case can affect the liability rule: tort law is typically concerned with fault, property law with strict liability. The aim of this book is to examine the importance of these category shifts, as well as the extent to which statutory interventions, planning control and the like have had an impact on the analysis of tortuous liability.

1. Introduction to disturbances among neighbours James Gordley; 2. Relationships between neighbours: England and Wales 1850–2000 Paula Giliker; 3. Disturbances among neighbours in French law James Gordley; 4. Disturbances between neighbours in Germany 1850–2000 Andreas Their; 5. Fault liability between neighbours in the Netherlands 1850–2000 A. J. Verheij; 6. Neighbourhood liability in Scotland 1850–2000 Gordon Cameron; 7. Relations between neighbours in Spanish law 1850–2000 Aniceto Masferrer; Main code provisions cited.

James Gordley holds the W. R. Irby Chair in Law at Tulane University Law School. He was previously Shannon Cecil Turner Professor of Jurisprudence at the University of California, Berkeley, a fellow at the Institute of Comparative Law at the University of Florence, an associate with the Boston firm of Foley, Hoag and Eliot, and an Ezra Ripley Thayer Fellow at Harvard.