lateral and subjacent support

(redirected from Subjacent support)

lateral and subjacent support

All property is entitled to support from the sides (lateral support) and from underneath (subjacent support). In the diagram,A owns the surface of the land and all the mineral rights underneath. C owns the surface rights only,because the mineral rights were sold to B, many years ago. A may not dig a strip mine and slice down the property line many feet,because B's and C's land would crumble at the edges and fall into the strip mine.A has a duty of lateral support to B and to C. By the same token, B cannot carelessly dig deep mines and cause the surface to cave in, because B owes the duty of subjacent support to C.

References in periodicals archive ?
The landowners' right to the subjacent support for their land is the only right in suit .
Angelides stated that the absence of lateral and subjacent support would have caused soil movement under the foundation of the plaintiff's building, thereby creating building movement that resulted in the development of the observed cracks.
That case concerned the constitutionality of the Kohler Act,(7) which required mineowners to provide subjacent support for surface owners even when their deeds unambiguously required surface owners to bear the risk of subsidence.