Lateral and subjacent support
- Lateral and subjacent support
Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures. If a neighbor's excavation causes the landowners land to cave in, the neighbor will be subject to strict liability in a tort action. The neighbor will also be strictly liable for damage to buildings on the landowner's property if the landowner can show that the weight of the buildings did not contribute to the collapse of the land. If the landowner is unable to make such a showing, the neighbor must be shown to have been negligent for the landowner to recover any damages.
Because the landowner owns everything beneath the ground on his property, he may convey to another party the rights to mineral deposits under the land, and other things requiring excavation. However, such a conveyance requires the recipient to prevent any damage to the surface of the land caused by the excavation, unless the conveyance itself grants express authority for the surface land to be damaged "as reasonably necessary" for the recipient to exercise his extraction rights.
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Lateral support — may mean:* Lateral support a type of physical support to help prevent sideways movement * Lateral and subjacent support a legal term … Wikipedia
lateral support — The right of lateral and subjacent support is the right to have land supported by the adjoining land or the soil beneath. The right of a landowner to the natural support of his land by adjoining land. The adjoining owner has the duty not to… … Black's law dictionary
lateral support — The right of lateral and subjacent support is the right to have land supported by the adjoining land or the soil beneath. The right of a landowner to the natural support of his land by adjoining land. The adjoining owner has the duty not to… … Black's law dictionary
support — 1. support, verb Furnishing funds or means for maintenance; to maintain; to provide for; to enable to continue; to carry on. To provide a means of livelihood. To vindicate, to maintain, to defend, to uphold with aid or countenance 2. support,… … Black's law dictionary
easement of natural support — The easement or right which a landowner has to the lateral and subjacent support of his land in its natural condition. Booth v Rome, Watertown & Ogdensburg Terminal R. Co. 140 NY 267, 35 NE 592. An easement ex jure naturale rather than a true… … Ballentine's law dictionary
Lost, mislaid, and abandoned property — Property law Part of t … Wikipedia
support of building — A right of an owner and a corresponding liability of an adjoining owner under grant, express or implied, or under reservation, sometimes existing as a prescriptive right, although not included in the right of lateral support and confined to the… … Ballentine's law dictionary
support — Verb: To carry the weight of something. To comfort and sustain. To furnish the necessities of life for maintenance in a proper manner, not merely the necessities for a bare maintenance. Anno: 13 ALR 689 (term appearing in workmen s compensation… … Ballentine's law dictionary
right of support — 1. : the easement or servitude acquired by grant or by prescription by which an owner of a structure on land has a right to rest or support it in whole or in part upon the land or structure of an adjoining owner (as by inserting beams in the… … Useful english dictionary
Easement — For spiral easements on railroads, see Track transition curve. Property law … Wikipedia
