View source for Lateral and subjacent support

{{Short description|Concept in land law}}
{{More sources needed|date=December 2009}}
{{Property law}}
'''Lateral and subjacent support''', in the [[property law|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 [[earthworks (engineering)|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.<ref>{{Cite web|title=Lateral and Subjacent Support - Protecting the Foundations|url=https://www.stimmel-law.com/en/articles/lateral-and-subjacent-support-protecting-foundations|website=Stimmel Law|access-date=June 29, 2023}}</ref>

If the landowner owns everything beneath the ground on his property, he may convey to another party the [[mineral rights|rights to mineral deposits]] under the land and other things requiring excavation, such as [[easement]]s 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.<ref>{{Cite web|last=Thompson|first=James R. Jr|title=Easment of Lateral Support of Land|url=https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1313&context=historical_theses|format=PDF|website=Stimmel Law|access-date=June 29, 2023}}</ref>

==References==
{{Reflist}}

{{DEFAULTSORT:Lateral And Subjacent Support}}
[[Category:Real property law]]

{{Mining-stub}}
{{Law-stub}}