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 is the right of land to be supported by adjacent land, preventing slippage or collapse. If a neighboring landowner excavates their property, they must ensure that their actions do not compromise the stability of your land. They cannot alter their land in a way that weakens your property.
This right to lateral support is absolute for land in its natural state, meaning you can claim damages if your land is harmed, regardless of the neighbor's intent. However, if structures are built on your land, your right to recover damages changes. You can only seek damages for structural injuries if the neighbor acted negligently. An exception exists for public highways, where the duty of support extends to the improved condition of the highway.
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.