LATERAL SUPPORT

4 definitions found across Law Mind sources

See encyclopedia: Lateral and Subjacent Support -- Natural Right, Liability for Excavation →
LATERAL SUPPORTAuthored
The Law Mind • 1293 words
Definition
Lateral support is the right of a landowner to have the land in its natural condition held in place by the adjoining land of neighboring proprietors. It is a natural property right — one that arises from land ownership itself, without any deed, grant, or agreement — and it runs with the land. The right entitles an owner to the physical support that the surrounding soil would naturally provide were both parcels left undisturbed. The corresponding duty falls on every adjoining landowner: when one proprietor excavates or otherwise removes soil near a boundary, that person must not do so in a way that causes the neighbor's land to subside, slip, or collapse. The right and the duty are mutual — each of two neighboring owners holds the right against the other and bears the duty toward the other simultaneously. Lateral support is distinguished from subjacent support, which concerns the support owed to surface land by the minerals, soil, or strata lying beneath it (typically relevant when subsurface rights have been severed from surface ownership). Both are often treated together as a unified doctrine of property support rights, but they arise in different factual contexts. Key limitation: the natural right of lateral support protects land in its natural condition only. It does not automatically extend to the added weight of buildings or other structures placed on the land. If a neighbor's excavation causes unimproved land to subside, liability is strict — the excavating owner is liable regardless of care. But if the subsidence would not have occurred but for the weight of structures, the injured landowner must generally prove negligence to recover for damage to those structures (and sometimes for the added soil subsidence caused by their weight). Courts vary on how cleanly they apply this distinction, particularly when structures have stood for many years. ---
Common Confusion
LATERAL SUPPORT vs. SUBJACENT SUPPORT: These terms are routinely paired and sometimes used interchangeably in older sources, but they address different problems. Lateral support runs horizontally — from neighboring land at or near the surface. Subjacent support runs vertically — from the land or strata lying below the surface owner's parcel. The distinction matters when researching mining, oil and gas, or other subsurface severance cases, where subjacent support is the operative right. A researcher who finds cases discussing one may not find the other without running both searches. LATERAL SUPPORT vs. EASEMENT OF SUPPORT: Lateral support as a natural right exists without any instrument. An easement of support is a created right — it can expand the natural right (for example, to include protection for structures) and must be established by grant, prescription, or implication. Confusing the two leads to misreading the scope of protection available and whether an instrument search is necessary. ---
Core Elements
The natural right of lateral support consists of three operative components worth distinguishing for research purposes: 1. WHAT IS PROTECTED (BASELINE): Land in its natural condition. The right is absolute as to the soil itself. An excavating neighbor who causes natural-condition land to subside is strictly liable — no showing of negligence is required. 2. WHAT REQUIRES ADDITIONAL PROOF (STRUCTURES): Damage to buildings and improvements is not covered by the strict natural right. To recover for structural damage, or for subsidence caused by the additional load of structures, the landowner typically must prove the excavating neighbor acted without reasonable care. Some jurisdictions have modified this through statute or case law. 3. THE DUTY OF CARE IN EXECUTION: Even when an owner has the right to excavate on their own land, they must exercise reasonable care in how the work is carried out. The right to withdraw support does not license reckless or negligent excavation methods that cause unnecessary harm beyond what the withdrawal of support alone would have caused. ---
Why It Matters in Research
Lateral support is a foundational property doctrine that surfaces across a surprisingly wide range of disputes: urban construction and excavation litigation, boundary disputes, nuisance claims, and takings cases when government activity disturbs adjacent private land. NAVIGATIONAL TRAPS IN HISTORICAL SOURCES: Older cases and digests — including Bouvier's — treat lateral and subjacent support as a single unified entry, which can obscure the analytical distinction between them. When researching a subsurface severance problem, do not rely only on "lateral support" headnotes; search specifically for "subjacent support." THE STRUCTURES QUESTION IS WHERE COURTS SPLIT: The clean rule — strict liability for natural land, negligence required for structures — is the majority baseline, but it has been modified in many jurisdictions by statute (particularly in states with active construction industries) and by case law that extends stricter duties when structures have been in place for long periods or when excavation is unusually deep. Historical sources consistently state the baseline rule but do not capture these modern statutory modifications. TAKINGS DIMENSION: When government excavation or public works projects undermine lateral support, the injured landowner may have a constitutional takings claim rather than (or in addition to) a common law tort claim. These two analytical tracks appear in different parts of the corpus — property tort cases versus constitutional/inverse condemnation cases — and researchers should run both. JURISDICTIONAL CODING IN THE CORPUS: Because this doctrine developed heavily through state common law with only modest federal involvement, cases from different states may state the rule differently. The shift in some states toward strict liability even for structures is a significant modern development that post-dates most historical dictionary coverage. ---
Historical Dictionary Support
Black's Law Dictionary (1st Ed.) captures the right concisely as belonging to the landowner against both adjoining land and soil beneath — grouping lateral and subjacent support together, which was standard for the era. The entry is brief and definitional rather than analytical, offering no guidance on the structures limitation. Bouvier's Law Dictionary provides the most substantive historical treatment. It correctly identifies that the natural right exists only with respect to soil in its natural condition, citing the then-leading federal authority, and articulates the care-and-caution principle governing how excavation must be conducted even when the right to excavate is conceded. Bouvier's language on the excavating owner's duty — that he must act with "such care and caution" that the neighbor suffers no more injury than would have occurred absent the prior support — is a useful formulation for understanding how courts historically framed the negligence inquiry for structural damage. Black's 2nd Ed. does not contain a useful lateral support entry in the supplied material; the excerpt is a misaligned scan fragment relating to "last will" and is not usable. A significant gap across all historical sources: none addresses the statutory modifications to the common law rule that became prevalent in the twentieth century, nor the constitutional takings overlay when the excavating party is a government actor. ---
Jurisdictional Note
The baseline common law rule is broadly shared across American jurisdictions, but several states have enacted statutes — particularly in urban and high-density construction contexts — that impose stricter duties with respect to structures, require advance notice before excavation near property lines, and mandate shoring or other protective measures. Researchers should verify current statutory frameworks before relying solely on common law case authorities, particularly in states with significant construction or mining activity. ---
Encyclopedia Cross-Reference
property_147: Lateral and Subjacent Support — Natural Right, Liability for Excavation (The Law Mind Property Law Encyclopedia) ---
Related Terms
Subjacent Support Natural Right (Property) Easement of Support Excavation Liability Negligence (Landowner Duty) Nuisance (Land Use) Inverse Condemnation Riparian Rights (analogous natural-right structure) Trespass to Land Surface Rights / Subsurface Rights
LATERAL SUPPORTmain
Black's Law Dictionary • 1891
The right of lateral and subjacent support is that right which the owner of land has to have his land supported by the adjoining land or the soil beneath. 27 Grat. 77; 19 Barb. 380; 2 AMen, 131; 12 Amer. & Eng. Enc. Law, 933.
LATERAL SUPPORTmain
Black's Law Dictionary (2nd Ed.) • 1910
dies is so called. Huse v. Brown, 8 Me. 169; Harrington v. Stees, 82 JIl. 54, 25 Am, ner: 290; McVoy v. Percival, Dud. Law S. C.) 337; Prince v. Hazelton, 20 Johns. (N. Y¥.) 513, 11 Am. Dec. 307.—Last will. This term, according to Lord Coke, is most commonly used where lands and tenements are devised, and “testament” where it concerns chattels. Co. Litt. 1lle. Both terms, however, are now peneraly employed in drawing a will either of ands or chattels, See meagan y. Stanley, 11 Lea (Tenn.) 322; Hill v. Hill, 7 Wash. 409, 85 Pac. 360. The right of lateral and subjacent support is that right which the owner of land has to have his land supported by the adjoining land or the soll
LATERAL SUPPORTmain
Bouvier's Law Dictionary • 1928
The right of having one's land and the structures erected thereon supported by the land of a neighboring proprietor. Each of two adjoining land-owners is entitled to the support of the other's land. The right of lateral support exists only with respect to the soil in its natural con- dition; 90 U. S. 635; and it is an incident to the land in that condition; 19 Barb. 383. If any excavation cause damage whilst the soil remains in this condition, an action will lie, but in the absence of negligence in excavating, or prescription, or grant, in favor of the neighbor, no action will lie for injury occasioned to the latter if he has in- creased the lateral pressure by building on the land: 122 Mass. 207; 2 Thomp. & C. 277; 10 H. L. Cas. 333; 22 Mo. 566; 58 Mo. App. 586; 37 Vt. 99. A land-owner has a right to assume that the soil will be per- mitted to remain in its natural state, and for a violation of this right, an action will lie independently of the question of negli- gence; 2 Rolle, Abr. 565; 25 Vt. 465; 25 N. J. L. 362. But see 47 La. Ann. 814, where it was held that an adjoining land- owner was liable for weakening his neigh- bor's wall, by the construction of a build- ing on his own land. A person's right to the support of the land immediately around his house is not so much an easement, as it has been called, as it is the ordinary right of enjoyment of property. Professor Washburn character- izes the right as "of a nature somewhat akin to the easement of light." The doctrine of lateral support has been thus carefully stated by this eminent au- thor: "This right exists independently of grant or prescription, and is also an abso- lute right; so that, if his neighbor ex- cavates the adjoining land, and in conse- quence A's land falls, he may have an ac- tion, although A's excavation was not carelessly or unskilfully performed. This natural right does not extend to any build- ings A may place upon his land; and there- fore, if A builds his house upon the verge of his own land, he does not thereby ac- quire the right to have it derive its support from the land adjoining it until it shall have stood and had the advantage of such support for twenty years. In the mean- time such adjacent owner may excavate his own land for such purposes as he sees fit, provided he does not dig carelessly or recklessly; and if, in so doing, the adjacent earth gives way, and the house falls by reason of the additional weight thereby placed upon the natural soil, the owner of the house is without remedy. It was his own folly to place it there. But if it shall have stood for twenty years with the knowledge of the adjacent proprietor, it acquires the easement of a support in the adjacent soil.. But this right of a land- owner to support his land against that of the adjacent owner does not, as before stated, extend to the support of any addi- tional weight or structure that he may place thereon. If, therefore, a man erect a house upon his own land, so near the boundary line thereof as to be injured by the adjacent owner's excavating his land in a proper manner, and so as not to have caused the soil of the adjacent parcel to fall if it had not been loaded with an addi- tional weight, it would be damnum absque injuria, a loss for which the person so ex- cavating would not be responsible in dam- ages; " 2 Washb. R. P., 5th ed. 380. It is settled law that "the unquestion- able right of a land-owner to remove the earth from his own premises adjacent to another's building is subject to the qualifi- cation that he shall use ordinary care to cause no unnecessary damage to his neigh- bor's property in so doing. 110 Mo. 234; 25 Ν. Υ. 334; 2 Allen 131; 76 Ill. 240; and as it is put by another author: "In exer- cising his rights over his land, the owner is bound to use ordinary care and skill for the purpose of avoiding injury to his neigh- bor. Thus, while, as a general rule, he is not bound to continue the support his land gives to a structure upon, or other artificial arrangement of, adjoining land, and is,

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