Legal Definitions - lateral support

Lateral support refers to the natural stability that a piece of land receives from the adjacent land. It is a legal right ensuring that a landowner can expect their property, in its natural state, to remain in place without collapsing, shifting, or subsiding due to activities on a neighbor's property.

Essentially, if a neighbor's excavation, construction, or other land-altering work removes this natural support and causes the land on an adjoining property to fall away or become unstable, the neighbor is held legally responsible for any resulting damage. This responsibility is often "strict liability," meaning the neighbor can be held liable even if they were not negligent and took reasonable precautions. The core principle is that one landowner's actions should not cause their neighbor's land to lose its natural, stable position.

• Example 1: Residential Swimming Pool Excavation

  Imagine a homeowner decides to install a new, deep swimming pool in their backyard, digging a large pit close to the property line. During the excavation, the soil on the adjacent property, which has a well-maintained garden and a small shed, begins to crack and visibly slide into the pool excavation.

  How it illustrates lateral support: The pool excavation removed the natural lateral support for the neighbor's land. Even if the homeowner obtained all necessary permits and followed standard construction practices, they would still be liable for the damage to the neighbor's garden and shed. Their activity directly caused the neighbor's land to lose its natural stability, triggering the right to lateral support.

• Example 2: Commercial Building Foundation Dig

  A developer begins construction of a new multi-story office building in a bustling urban area. The project requires digging a very deep foundation and several levels for an underground parking garage, placing the excavation very close to an existing, older commercial building on the neighboring lot.

  How it illustrates lateral support: Despite the developer's efforts to shore up the excavation walls, the deep digging causes the ground beneath the neighboring commercial building to shift, resulting in significant cracks appearing in its foundation and exterior walls. The developer's excavation removed the lateral support that the existing building's land relied upon for its stability. The developer would be strictly liable for the damage to the adjacent building due to the loss of natural lateral support.

• Example 3: Hillside Grading for a Patio

  A property owner on a gentle hillside decides to significantly re-grade a portion of their backyard to create a flatter, more usable patio area. This involves cutting into the natural slope near their property boundary, creating a steeper, artificial embankment.

  How it illustrates lateral support: Following a period of heavy rainfall, the newly cut slope on the neighbor's property, which was previously stable, experiences a small landslide, sending soil and landscaping debris onto the neighbor's lower-lying yard. By cutting into the natural slope, the property owner removed the lateral support for their neighbor's uphill land. The resulting instability and landslide on the adjacent property would make the owner who performed the grading strictly liable for the damage caused by the loss of natural lateral support.