Legal Definitions - continuando

Term: continuando

Continuando is a historical legal term that described a specific type of claim made in a lawsuit, particularly concerning property disputes. It was used when a wrongful act, such as a trespass or other harm to property, was not a single, isolated incident but rather an ongoing and continuous injury. The primary purpose of a continuando allegation was to allow a plaintiff to seek damages for the entire duration of this continuous wrong in a single lawsuit, rather than having to file a new legal action for each day or instance the harm occurred. While the specific term continuando is rarely used in modern legal practice, the underlying concept of a "continuing tort" – an ongoing wrongful act that causes persistent harm – remains relevant in how courts address such sustained injuries.

Examples:

• Example 1: Property Encroachment
  A homeowner discovers that their neighbor has built a permanent retaining wall that extends several feet onto their property.
  This illustrates a continuando because the wrongful act—the trespass onto the homeowner's land—is not a one-time event. Every day the retaining wall remains on the property, it constitutes a continuous and ongoing occupation, infringing upon the homeowner's property rights.
• Example 2: Ongoing Nuisance
  A commercial laundry facility consistently discharges wastewater containing a strong, unpleasant odor into a stream that flows past an adjacent residential property, making it difficult for the residents to use their backyard or open their windows.
  This situation represents a continuing tort. The nuisance is not caused by a single spill but by an ongoing, repeated discharge that continuously interferes with the residents' enjoyment of their property. A continuando approach would historically have allowed the residents to seek damages for the entire period of the persistent odor in one legal action.