😀
Real Property • Natural Rights
PROP#231
Legal Definition
An owner has a right to have their land supported in its natural state by adjoining land. Thus, a landowner is strictly liable if his excavation causes adjoining land to collapse, but if there are buildings on the adjoining land, the landowner is strictly liable only if it is shown that the land would have collapsed in its natural state—otherwise, he is liable only for negligent excavation.
Plain English Explanation
"Lateral support" means there is an obligation to make sure that you don't harm someone's property by digging a hole on yours. For example, imagine you dig a hole in the sand. By removing your sand, you make it more likely that the sand next to your hole will crumble and fall into the hole you dug. You've removed the lateral support. Now imagine if there were a hole dug next to a property with a house on it. The pressure of the house on the ground may cause it to tip into the hole you dug next to it.
Visual Aids
Related Concepts
In assessing groundwater rights, what is the absolute ownership doctrine?
In assessing groundwater rights, what is the appropriative rights doctrine?
In assessing groundwater rights, what is the correlative rights doctrine?
In assessing groundwater rights, what is the reasonable use doctrine?
In assessing groundwater rights, what is the restatement approach?
In assessing rights of streams, rivers, and lakes, what is the prior appropriation doctrine?
In assessing rights related to groundwater, what are the 4 doctrines to consider?
In assessing the rights of surface water use, what is the common enemy theory?
In assessing the rights of surface water use, what is the natural flow theory?
In assessing the rights of surface water use, what is the reasonable use theory?
In assessing water rights under the riparian doctrine, what is the natural flow theory?
In assessing water rights under the riparian doctrine, what is the reasonable use theory?
In assessing water rights under the riparian doctrine, which type of use prevails?
What are natural rights?
What is subjacent support?
What is the general rule for use of surface water on a property owner's land?
What is the riparian doctrine?