Lateral and subjacent support
Encyclopedia
Lateral and subjacent support, in the law
of property
, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures. If a neighbor's excavation
or excessive extraction of underground liquid deposits (i.e. crude oil or aquifer
s) causes subsidence
(e.g. causing the landowner's land to cave in), the neighbor will be subject to strict liability
in a tort
action. The neighbor will also be strictly liable for damage to buildings on the landowner's property if the landowner can show that the weight of the buildings did not contribute to the collapse of the land. If the landowner is unable to make such a showing, the neighbor must be shown to have been negligent in order for the landowner to recover damages.
If the landowner owns everything beneath the ground on his property, he may convey to another party the rights to mineral deposits
under the land, and other things requiring excavation, such as easement
s for buried conduits or for water wells. However, such a conveyance requires the recipient to prevent any damage to the surface of the land caused by the excavation, unless the conveyance itself grants express authority for the surface land to be damaged "as reasonably necessary" for the recipient to exercise his extraction rights.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of property
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures. If a neighbor's excavation
Earthworks (engineering)
Earthworks are engineering works created through the moving or processing of quantities of soil or unformed rock.- Civil engineering use :Typical earthworks include roads, railway beds, causeways, dams, levees, canals, and berms...
or excessive extraction of underground liquid deposits (i.e. crude oil or aquifer
Aquifer
An aquifer is a wet underground layer of water-bearing permeable rock or unconsolidated materials from which groundwater can be usefully extracted using a water well. The study of water flow in aquifers and the characterization of aquifers is called hydrogeology...
s) causes subsidence
Subsidence
Subsidence is the motion of a surface as it shifts downward relative to a datum such as sea-level. The opposite of subsidence is uplift, which results in an increase in elevation...
(e.g. causing the landowner's land to cave in), the neighbor will be subject to strict liability
Strict liability
In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...
in a tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
action. The neighbor will also be strictly liable for damage to buildings on the landowner's property if the landowner can show that the weight of the buildings did not contribute to the collapse of the land. If the landowner is unable to make such a showing, the neighbor must be shown to have been negligent in order for the landowner to recover damages.
If the landowner owns everything beneath the ground on his property, he may convey to another party the rights to mineral deposits
Mineral rights
- Mineral estate :Ownership of mineral rights is an estate in real property. Technically it is known as a mineral estate and often referred to as mineral rights...
under the land, and other things requiring excavation, such as easement
Easement
An easement is a certain right to use the real property of another without possessing it.Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond...
s for buried conduits or for water wells. However, such a conveyance requires the recipient to prevent any damage to the surface of the land caused by the excavation, unless the conveyance itself grants express authority for the surface land to be damaged "as reasonably necessary" for the recipient to exercise his extraction rights.