LATERAL & SUBJACENT SUPPORT

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Last updated 11:55 PM on 7/20/26
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4 Terms

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Q: When should you discuss lateral or subjacent support on a Property essay?

Whenever excavation, mining, drilling, or removal of soil causes neighboring land or buildings to settle, collapse, or crack.

Your first question should be:

  • Is this lateral support or subjacent support?

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Q: What is lateral support?

Lateral support is the support that land receives from adjoining land.

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Q: What is subjacent support?

Subjacent support is the support that land receives from the underlying earth or strata.

This issue commonly arises in mining or subsurface excavation cases.

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LATERAL SUPPORT: Q: What protection (right) does the owner of unimproved land receive under the doctrine of lateral support?

  • The owner has an absolute right to lateral support

  • AND if neighboring excavation causes unimproved land to subside, excavator is STRICTLY liable even if reasonable care used.