229. Continuing nuisances.

In nuisance, where there is only a single cause of action, damages resulting from the nuisance must be recovered in one action once and for all1. If the claimant fails to secure recovery for all his losses in one action he may not bring another action to repair the omission.

To continue a nuisance may amount to a commission of a further tort of nuisance; this is called a continuing nuisance2. Damages for a continuing nuisance will be awarded only in respect of loss which has accrued up to the time of assessment3. In such cases there is a new