XI. Rights of Support

Question 1

Lateral Support

Answer 1

• A landowner has the right to have her land supported by adjoining landowners and strict liability results if the land is not supported.
• With respect to improvements on the land, the landowner will be strictly liable for these improvements only if the land would not have collapsed anyway, even without the weight of the improvements.***

Question 2

Subjacent Support

Answer 2

• Problems involving Rights of Subjacent Support arise where the mineral rights have been legally severed from the surface rights. Later, the holder of the mineral rights removes the minerals from under the surface, causing the surface to subside (or collapse).
• Surface owners have the right to have their land supported from the bottom and strict liability will result if the land is not supported.
• This right extends to the land and to those improvements that were existing on the land as of the date the mineral rights were severed from the fee simple.