What Is Lateral And Subjacent Support In Real Estate?

What Is Lateral And Subjacent Support In Real Estate?

What Is Lateral And Subjacent Support In Real Estate?

Real estate support encompasses various rights and considerations that ensure the stability and integrity of properties. Among these, two key concepts are lateral support and subjacent support. Understanding these terms is essential for individuals involved in real estate construction, property development, and building support.

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Key Takeaways:

  • Lateral support refers to the right of a landowner to have their land upheld by neighboring land, safeguarding against collapses and slipping.
  • Subjacent support pertains to the right of a landowner to have their land supported from below, particularly relevant when mineral rights are involved.
  • Lateral support and subjacent support are vital for maintaining the stability and integrity of real estate, preventing damage caused by excavation or mining activities.
  • Property owners and developers must understand these terms to ensure the safety and security of their properties.
  • Legal actions can be taken against neighbors or entities responsible for failure to provide adequate lateral or subjacent support.

Lateral Support: Upkeeping the Integrity of Land

In the realm of real estate, lateral support is an indispensable legal concept that ensures landowners have the right to physical support from adjacent land. It serves as a safeguard against the potential hazards of subsidence resulting from excavation or extraction activities carried out by neighboring properties. The importance of lateral support cannot be overstated, as it guarantees the stability and security of a landowner’s property.

When a landowner’s property collapses due to subsidence caused by a neighbor’s activities, the neighbor can be held strictly liable in a tort action. This means that they are responsible for the damage caused and must compensate the landowner accordingly.

However, it is crucial to note that the neighbor’s liability is contingent upon proving that the weight of the buildings on the land did not contribute to the collapse. If this cannot be demonstrated, the neighbor can only be held liable if they were negligent.

Lateral support not only protects landowners from building damage but also ensures that they can rely on the integrity of their land. By upholding the principle of lateral support, the legal system prioritizes the preservation of land and the rights of landowners, maintaining a harmonious environment for property owners and developers alike.

Subjacent Support: Preserving the Stability of the Surface Land

Subjacent support is a crucial aspect of real estate ownership, especially when dealing with separate mineral rights and surface rights. As a landowner, it is vital to understand your rights and responsibilities regarding the stability of the surface land.

When another party, such as a mining company, undertakes excavation or mining activities beneath your property, they have a duty to ensure that their actions do not jeopardize the integrity of the surface land. This responsibility extends to preventing any sinking or collapsing that may occur as a result of their actions.

Understanding the concept of subjacent support is essential in safeguarding your property and mitigating potential risks. By being aware of your rights, you can enter into agreements involving mineral rights with a clear understanding of your responsibilities and the potential impact on your land’s stability.

It is important to note that if any damage or negligence occurs during excavation or mining activities, the responsible party can be held liable for property damage. Therefore, as a landowner, it is in your best interest to stay informed and seek legal advice to ensure your rights are protected when it comes to subjacent support.

FAQ

What is lateral support in real estate?

Lateral support in real estate refers to the right of landowners to have their land physically supported by adjoining land, protecting it from collapsing or slipping.

What is subjacent support in real estate?

Subjacent support in real estate refers to the right of landowners to have their land supported from below, particularly relevant when mineral rights are involved.

When can a neighbor be held liable for failing to provide lateral support?

A neighbor can be held liable for failing to provide lateral support if their excavation or extraction activities cause subsidence, resulting in the collapse of the landowner’s property. The neighbor may be held strictly liable in a tort action.

What responsibilities do mining companies have regarding subjacent support?

Mining companies, or any other entity involved in excavation for mineral extraction, have a duty to ensure that their activities do not compromise the stability of the surface land. They must exercise their rights while preventing the surface from sinking or collapsing.

Why is understanding lateral and subjacent support important for property owners?

Understanding lateral and subjacent support is crucial for property owners to protect the stability and integrity of their real estate. It allows them to navigate construction and property development without compromising the structural security of their land.

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