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Lateral Support: Essential Legal Insights for Property Owners
Definition & Meaning
Lateral support refers to the legal right of a property owner to receive support from adjacent land. This means that the land next to yours should provide stability and prevent issues like slippage, cave-ins, or landslides. This right is absolute when the land is in its natural state. If an adjoining landowner interferes with this support, they may be held strictly liable for any resulting damages. However, if improvements (like buildings or structures) on the land are affected, courts may consider whether those improvements contributed to the problem before applying strict liability.
Table of content
Legal Use & context
Lateral support is primarily relevant in property law and real estate disputes. It is often invoked in cases involving construction, land development, and property rights. Users may encounter forms related to property disputes or construction permits that require an understanding of lateral support. Legal templates from US Legal Forms can help individuals navigate these issues effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A homeowner digs a deep basement next to a neighbor's property. If the neighbor's land begins to slide due to the excavation, the homeowner may be liable for damages if they did not provide adequate lateral support.
Example 2: A construction company builds a retaining wall to support a hillside. If the wall fails and causes a landslide on adjacent property, the company may be held responsible if the wall was not built to code. (hypothetical example)
State-by-state differences
State
Key Differences
California
Strict liability applies even if improvements caused the subsidence.
New York
Courts may consider the reasonableness of the excavation.
Texas
Emphasizes the natural condition of the land in determining liability.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Lateral Support
The right of land to receive support from adjacent land.
Applies to natural land and considers improvements.
Subjacent Support
The right of land to receive support from below.
Focuses on support from the soil or rock beneath the land.
Encroachment
The intrusion of one property onto another.
Involves physical overlap rather than support issues.
Common misunderstandings
What to do if this term applies to you
If you believe lateral support issues affect your property, consider the following steps:
Assess whether any excavation or construction is impacting your land.
Consult with a qualified attorney who specializes in property law for advice tailored to your situation.
Explore US Legal Forms for templates that can assist you in managing property disputes or construction agreements.
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