Lateral and subjacent support

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Property law
Part of the common law series
Types
Personal property Community property Real property Unowned property
Acquisition
Gift Adverse possession Deed Conquest Discovery Accession Lost, mislaid, and abandoned property Treasure trove Bailment License Alienation
Estates in land
Allodial title Fee simple Fee tail Life estate Defeasible estate Future interest remainder Concurrent estate Leasehold estate Condominiums Real estate Land tenure
Conveyancing
Bona fide purchaser Torrens title Strata title Deeds registration Estoppel by deed Quitclaim deed Mortgage Equitable conversion Action to quiet title Escheat
Future use control
Restraint on alienation Rule against perpetuities Rule in Shelley's Case Doctrine of worthier title
Nonpossessory interest
Lien Easement Profit Usufruct Covenant Equitable servitude
Related topics
Fixtures Waste Partition Practicing without a license Property rights Mineral rights Water rights prior appropriation riparian Lateral and subjacent support Assignment Nemo dat Quicquid plantatur Conflict of property laws Blackacre Security deposit
Other common law areas
Contract law Tort law Wills, trusts and estates Criminal law Evidence Higher category: Law and Common law
v t e

Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures. If a neighbor's excavation or excessive extraction of underground liquid deposits (crude oil or aquifers) causes subsidence, such as by causing the landowner's land to cave in, the neighbor will be subject to strict liability in a tort action. The neighbor will also be strictly liable for damage to buildings on the landowner's property if the landowner can show that the weight of the buildings did not contribute to the collapse of the land. If the landowner is unable to make such a showing, the neighbor must be shown to have been negligent in order for the landowner to recover damages.^[1]

If the landowner owns everything beneath the ground on his property, he may convey to another party the rights to mineral deposits under the land and other things requiring excavation, such as easements for buried conduits or for water wells. However, such a conveyance requires the recipient to prevent any damage to the surface of the land caused by the excavation unless the conveyance itself grants express authority for the surface land to be damaged, "as reasonably necessary" for the recipient to exercise his extraction rights.^[2]