Lateral and Subjacent Support

Question 1

What is the definition of Lateral Support?

Answer 1

Owners have a legal right to have their land supported laterally by their neighbor’s land

a. This obligation is absolute; like negative easement; don’t have to purchase the right for support
b. If the structure falls bc of the removal of land and not bc it was built improperly then you are liable for the damages, owner can sue for negligence

Question 2

What is Subjacent Support?

Answer 2

Surface owners have an absolute right to subjacent support for their land

a. In the absence of a contract saying otherwise, owners of mineral rights under land are strictly liable to damage to the land in natural condition
b. Structures→most courts refuse to impose strict liability for withdrawal of structures in the absence of negligence