Limitations Runs On Nuisance Claims

When must a neighbor sue for nuisance and trespass or else be barred by limitations? It's a tricky question. In Town of Dish et al v. Atmos Energy et al, the Texas Supreme Court concluded that the claims were time-barred. The limitations train had left the station.

The rules

Here are factors considered by the court that govern when these cases must be brought:

• Limitations runs two years from the time the claim accrues.
• When a claim accrues (and the limitations clock begins to tick) is a question of law for Her Honor, not the jury.
• Trespass and nuisance claims accrue once a "known injury begins."
• Normally, such claims don't accrue when the source is under construction. However, once operations begin and interference occurs, the clock starts.