Lateral and subordinate support, in property law, describes the right of a landowner to have that land physically supported in its natural state by adjacent land and underground structures. If the excavation of a neighbour or the excessive extraction of underground liquid deposits (crude oil or aquifers) leads to subsidence, for example by the collapse of the owner`s land, the neighbour is subject to strict tort liability. The neighbor is also strictly liable for damage to buildings on the landowner`s land if the owner can prove that the weight of the buildings did not contribute to the collapse of the property. If the owner is unable to make such representation, it must be proven to the neighbour that he acted negligently in order for the owner to obtain damages. The provisions of California Civil Code Section 832 speak of adjacent properties, but it should be noted that the right to lateral support is not limited to contiguous properties. This right extends to property separated by intervention plots belonging to other persons. A landowner whose property is damaged by an excavation owner, even if their properties do not share a common boundary, can still sue for removal of lateral support. Liability for the removal of the carrier is based on negligence and is therefore similar to tort law in this respect. As the world is full of housing problems, neighboring landowners are becoming more common. The best time to deal with the problem is before the damage is done, and this applies to both the landowner involved in the construction and the owners of adjacent plots. Bringing in experts to advise and make recommendations on how to prevent damage is a great practical way to minimize the often significant damage and repair (and legal) costs that can be expected.
Removal of downstream support is absolute liability, i.e. the owner of the excavator, if held liable for damage, is liable without negligence. The damages awarded would not be affected in any way by proof that the owner did not intend to damage his neighbour`s property. The damage caused is the damage granted. As with lateral support, at common law, a surface landowner has the right to maintain their land in its natural state without subsidence due to the removal of the underground support by the subsurface owner. The owner whose property is damaged by the excavation can sue. An owner whose property is damaged by excavation during the previous possession also has the right to sue. Non-owners can also assert claims. A tenant of property damaged by excavation may claim the amount of his rent as damages. Lateral support is present when adjacent plots are side by side. It is the right of the country to be naturally maintained by its neighbouring properties and to be supported against subsidence, i.e. landslides, collapses or landslides.
The law states in part in Cal. Civ. Article 832 of the Code states that „every co-owner is entitled to the lateral and subordinate support that his land receives from the adjacent land … A landowner is entitled by law to lateral support of adjacent land. This right to assistance is subject to the right of the owner of the adjacent land to dig his land for construction and improvement purposes. In other words, you have the right to lateral support of your neighbors` land, but your neighbors have the right to dig up their land. Since their excavation could interfere with the lateral support of your land, the law has established the following conditions for excavation: Most landowners are familiar with the concepts of encroachment and easement. Another area of law that is relevant to adjacent landowners, but perhaps less familiar, is that of lateral support and perishable support. This article deals with the Basic Law and some practical aspects that need to be taken into account. „Right to assistance“. Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/right%20of%20support.
Retrieved November 28, 2022. n. the right to use someone else`s property for a particular purpose. The easement itself is land, but legal title to the underlying land is retained by the original owner for all other purposes. Typical easements include access to another property (often redundantly marked „access and exit“ since the entrance and exit are the same path), utility or sewer pipes under and above ground, use of spring water, entrance to repair a fence or slide, transportation of livestock, and other uses. Easements can be created by a deed registered as any real property interest, by continuous and open use by the non-owner against the rights of the landowner for a legal number of years, usually five („prescriptive easement“), or to administer justice (equity), including access to „landlocked“ property (sometimes called „easement of necessity“). Easements can be specifically described by boundaries („24 feet wide along the north line for a distance of 180 feet“), somewhat indeterminate („along the path to the north boundary“) or just for a single purpose („access to Jones property“ or „access to spring“), sometimes referred to as „floating easement“. There is also a „negative easement“ such as the prohibition against building a structure that blocks a view. Title reports and title summaries generally describe all existing easements on a parcel of land. Issues of maintenance, sharing, locking doors, damage to easements, and other conflicts clog the court system, mainly due to misunderstandings at the time of creation.
For whom the action is to be appointed, the owner of the dredging land and the contractor may be held jointly liable. It is illegal for the landowner and contractor to agree that the landowner is exempt from liability for damage caused by the excavation. However, a bona fide successor of a person who removed the side support is not liable for damage resulting from the excavation. In other words, if owner A excavated the land, but owner B now owns the land, owner B cannot be sued for the damage caused. This does not necessarily apply if the transfer was made for the purpose of avoiding liability. In the case of side supports and supports, the cause of action lies in the lowering of the ground, not in its excavation. In other words, a lawsuit cannot be filed until the dirt has fallen. However, this means that a landowner can sue separately for each event, even if there was only one excavation. And if you suffer damage, it`s clear that you need to seek legal and expert advice as soon as possible to see if an injunction is possible or, if not, if damage exists. Note that the responsibility of the subsequent landowners of the offending neighbor is not always given, so it is rarely advisable to delay the search for legal protection. That said, litigation is not a pleasant activity and if it becomes likely, check out our articles on American Litigation, Cost Advantage in Litigation and Purchase Justice. If the landowner owns everything underground on their property, they can transfer rights to mineral deposits under the land and other things that need to be excavated, such as easements for buried pipes or water wells, to another party.
However, such a transfer requires the consignee to prevent the excavation from causing damage to the surface of the land, unless the transfer itself gives express permission to damage the surface land „to the extent reasonably necessary“ for the consignee to exercise its mining rights. Lateral support is customary law. It is an absolute right to the land itself. While this right applies to land in its natural state, it does not mean that an owner of excavating land is exempt from liability for damage simply because his neighbour`s land has a building on him and is „altered“ by its natural state.