What Is Lateral and Subjacent Support?Landowners are entitled to have their land supported by both lateral and subjacent support. Lateral property support entitles a landowner to not have their neighbor excavate land that might cause damage to surrounding property. Landowners also have the right to subjacent support (i.e., the support from the earth underneath your property). This means you can prevent neighbors from digging or mining under your property.
What Steps Can I Take if My Neighbor Is Excavating Property?Landowners that have experienced or fear experiencing dramatic changes in the support of their property have several options. These options include:- Injunctions ¿ An injunction is a court order that will prevent your neighbor from continuing their excavation because of fear of what damages it may cause on your property. Injunctions can be obtained by going to a courthouse nearby and requesting a hearing.
- Contact your Local Planning Board ¿ A local planning board might refuse to grant a permit for excavation based on the dangerous impact it might have upon your property.
- Contact your State Land and Natural Resources Department
What if an Adjacent Owner Constructs a Building?Generally, an adjacent property owner that constructs a building will not be liable for damage to your property unless he acted negligently.
What Should I Do if My Neighbor Is Mining?Property owners that have neighbors mining or doing work underground have a right to subjacent support. This means a property owner has a right not to have their land subside from beneath them because of mining. Seeking an injunction or contacting local planning authorities is the best course of action.
Should I Contact a Lawyer if My Lateral or Subjacent Support Is Threatened?An experienced real property attorney may be able to help you determine the best course of action against any potential lateral or subjacent support issues. A real property lawyer also can help you obtain an injunction or represent you in a planning commission hearing. |
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