Support

Question 1

Support

Answer 1

Natural right attached to ownership of land. Must be in natural state. Only applies to neighbouring land. Usually linked with nuis/neg. Horizontal support and vertical support

Question 2

Cleland v Berberick

Answer 2

Owners along lake. P loses beach due to neighbours digging facilitating the wind/water. Right of support includes indirect forced (facilitating wind/rain erosion)

Question 3

Bremner v Bleackly

Answer 3

D excavates holes on land. Neighbours sand blows over. Neighbour claims loss of support. No. If wind naturally blows sand and someone prevents return, no loss of support.

Question 4

GIllies v Bortolullzi

Answer 4

P leased building, D excavated. P’s walls fall down and claims loss of support. Yes to loss of vertical support, no to lateral - lateral support is only for land in natural state

Question 5

Rytter v Schmitz

Answer 5

P’s building collapsed after D excavates. No right to lateral support with increased pressure, but right to vertical support. Right to support is strict **no need to prove intent, trespass, etc.

Question 6

Welsh v Marantette

Answer 6

D’s owned widened channel. P filled their land with non-natural fill. P claims D is liable for erosion on this land. No right of support for land that is non-natural

Question 7

Pugliese v National Capital

Answer 7

P claims they suffered subsidence of their homes due to lowering of ground table by D (removal of percolating water). P claims negligence, nuisance, breach of statutory duty. No absolute right to support by percolating water, but action in neg/nuis **interference with right to support by percolating water can give rise to action in neg/nuis

Question 8

Penno v Government of Manitoba

Answer 8

Action in neg/nuis for damages from lowering water table