What Is The Test For Lateral Support in Property?

The test for lateral support is that a landowner has the right to have their land supported by adjacent land, and if excavation on the adjacent land causes subsidence, the landowner may sue for damages if it can be shown that the subsidence would not have occurred but for the excavation.

Lateral support is a legal doctrine in property law that protects landowners from the effects of subsidence caused by excavation on adjacent property. The general test for lateral support is whether the adjacent landowner has removed soil or support leading to the collapse or shifting of the land. If a landowner's soil is to be supported by a neighboring land, they are entitled to maintain that support, and any excavation must not infringe upon that right.

To establish a claim for lateral support, the affected party typically must demonstrate that the adjacent landowner engaged in activities (such as excavation) that directly led to the instability of their land. The affected party must show through evidence that, had the excavation not occurred, the resulting subsidence would not have taken place. This principle protects landowners from negligent or intentional acts that could disrupt the stability of their property.

Key considerations in the determination of lateral support include whether the excavation was done in a reasonable manner and whether the neighboring owner acted with due care. If the excavation was performed negligently, the excavator may be liable for damages to the adjacent property. Conversely, if the land in question was naturally unstable, the adjacent owner may not be liable.

In examining lateral support claims, courts will often consider precedents from relevant case law that establish liabilities in varied circumstances. Additionally, the concept is closely tied to the ancient doctrine of 'ruin,' which was intended to provide a robust solution for landowners facing damages due to soil removal from neighboring properties. Overall, the legal framework surrounding lateral support seeks to balance interests and uphold property rights while acknowledging the realities of land use.

• 1Harrison v. McCormick (1887) - established that a landowner has a right to lateral support and can sue for damages if excavation leads to subsidence.
• 2Day v. Suffolk (1858) - clarified the standard for determining whether excavation damages were caused by improper land use.
• 3Beverly Health & Rehabilitation Services, Inc. v. State (1995) - reaffirmed the non-liability of the property owner if natural instability was the primary cause of damages.

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