Lateral and Subjacent Support, Water Rights

Question 1

What is Lateral and Subjacent Support?

Answer 1

Lateral Support: An owner has a right to have the land supported in its natural state by adjoining land. A landowner is strictly liable if his excavation causes adjacent land to subside, but if there are buildings on the adjacent land, the landowner is strictly liable only if it is shown that the land would have collapsed in its natural state—otherwise, he is liable only for negligent excavation.

Subjacent Support: An underground occupant of land (e.g., mining company) must support the surface and buildings existing on the date the subjacent estate was created. Liability for subsequently erected buildings requires negligence.

Question 2

What are the two different Water Rights doctrines?

Answer 2

Riparian Doctrine: Water belongs to those who own the land bordering the watercourse, and as long as one abuts the water he has the right to use water in connection with the riparian parcel.

Prior Appropriation Doctrine: Individuals acquire rights by actual use, and rights are determined by priority of beneficial use—first in time, first in right.