Neighborhood Disputes: Automatic Liability!
The legal framework governing abnormal neighborhood disturbances is now set forth in the Civil Code (Article 1253). Thus, it is explicitly provided that “the owner, tenant, squatter, holder of a title whose primary purpose is to authorize the occupation or use of a property, the project owner, or the person exercising such powers who causes a disturbance exceeding the normal inconveniences of living in a neighborhood is automatically liable for the resulting damage.” This new provision incorporates the principles established by case law, enshrining two key principles: first, the disturbance must exceed the normal inconveniences of neighborhood life; and second, liability arises without the need to prove fault (automatic liability).
Caution is advised, however, as certain limitations apply. Liability will be waived if the activity in question meets all three of the following conditions: it predates the complainant’s move to the area; it complies with applicable laws and regulations; and it has continued under the same conditions or under new conditions that do not result in an aggravation of the abnormal disturbance.
