374. Disrepair giving rise to an actionable nuisance.

Most, but not all1, party walls exist with an easement of support2; but such an easement does not normally impose at common law a direct positive obligation to repair3. However, if neglect or failure to act gives rise to an actionable nuisance4, then an obligation to repair may arise indirectly as a consequence. In the absence of such repair or maintenance work, an adjoining owner who suffers from the disrepair may recover damages to cover the cost of remedial works to the party wall to abate the nuisance