Lateral Support
Lateral support refers to the legal right of a property owner to have their land supported by the adjoining soil of neighboring properties. This right prevents neighbors from excavating or altering their land in ways that would cause subsidence or collapse of adjacent property. The right to lateral support is typically considered an inherent property right that doesn't require a written agreement.
Example
“When the neighboring property owner excavated too close to the boundary line, it removed lateral support and caused the adjacent building's foundation to shift.”
Memory Tip
Think 'lateral' like 'side-to-side' - your neighbors support you from the sides.
Why It Matters
Lateral support rights protect property owners from damage caused by neighboring construction or excavation activities, potentially saving thousands in foundation repairs and structural damage. Property owners who violate lateral support rights can be held liable for damages to adjoining properties.
Common Misconception
Some property owners believe they can dig or excavate anywhere on their own land without restriction, but they must ensure their activities don't remove support from neighboring properties.
In Practice
A developer excavating for a new building's basement must install retaining walls to prevent the adjacent property's foundation from shifting or cracking due to removed soil support. If the excavation causes the neighbor's building to settle or crack, the developer could be liable for expensive repairs under lateral support laws.
Etymology
From Latin 'lateralis' meaning 'of the side,' combined with 'support,' reflecting the legal concept that adjacent land provides side-to-side structural support.
Common Misspellings
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