Full question:
I have 20 acres of farm ground that is flood irrigated. A new school is being built adjacent to my field along the west line. They have excavated a retention pond close to my field and I am under the understanding that they are going to cut a portion of the ground abutting my field (approximately 3.5 feet away) and cut a road the will allow all runoff from the school to flow to the retention pond. This will remove support to my flood irrigated field. It is my understanding that it is unlawful to remove lateral support to adjacent land owners?
- Category: Real Property
- Subcategory: Neighbor Relations
- Date:
- State: California
Answer:
Lateral support describes the right of land to the support of the land lying next to it, so that a neighbor's land will provide support against any slippage, cave-in or landslide. If an adjoining owner excavates into the soil for any reason, measures must be taken to prevent a collapse of the neighbor's land. A neighboring land owner may not alter the perimeter of his land in a manner that will weaken the adjoining land.
Lateral support is the right to have one's land in its natural condition held in place from the sides by the neighboring land so that it will not collapse. Natural state means there is nothing erected on the land, just the land as it lies unimproved by a structure. The right to lateral support is considered an absolute property right, so that an adjoining landowner will be liable for damages to the natural condition of the land regardless of whether or not he or she acted negligently.
However, if a landowner has erected structures on the land, his or her right to recover for deprivation of the lateral support is different. Due to the structure's additional weight on the land, which increases the burden on the lateral support, the landowner can be awarded damages for injuries to the structure caused by excavation only if his or her neighbor has been negligent. An exception to the general rule that the absolute right of support extends only to the land in its natural state occurs when the supported land is an adjacent public highway. The duty to provide lateral support includes the duty to support the highway in its improved condition. The courts have held that the public interest in highways justifies the enlargement in the scope of duty.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
