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  • Effect of Statutes or Ordinances – Adjoining Landowners

    adjoining owner owed the duty of lateral support to a road built in accordance with the terms of the deed. Manning v. New Jersey Short Line R. Co.,12 is authority for the theory that where a railroad takes land, the adjoining property owners had the duty to support the built up right of way.

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  • Noone v. Price, 298 S.E.2d 218 – CourtListener.com

    The circuit court stated on the record that "there is a duty of lateral support to the land but not to a structure on the land." This case provides an opportunity that we have not had for many years to address the obligations of adjoining landowners to provide lateral support to each other's land "The duty on the part of the excavator

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  • Adjoining Landowners | Encyclopedia.com

    A landowner can enforce the right to lateral support in court. A lawsuit for the removal of lateral support accrues when the damage occurs, not when the excavation is done. An adjoining landowner who excavates close to his or her boundary line has a duty to prevent injury arising from the removal of the lateral support of a neighbor's property.

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  • Content Posted in 2017 | University of North Carolina

    Adjoining Landowners -- Lateral Support -- Duty of Excavator, E. C. Sanderson PDF Adjudication of Gender Prosecution Cases under the Canada Guidelines: The United States Has No Reason to Fear an Onslaught of Asylum Claims, Stephanie Kaye Pell

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  • § Liming - Right of lateral support from adjoining land

    Liming. Right of lateral support from adjoining land; right to make excavations up to boundary line; notice to adjoining landowner; standard of care (a) Owners of adjoining lands owe to each other the lateral support of the soil of each to that of the other in its natural state.

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  • Washington University Law Review

    lateral support has always been considered to apply to land in its natural state only, and it was considered the duty of the adjoining owner, upon notice of impending excavations, to shore or prop up his, own building. The excavator would be liable for damages to the adjoining building only if he were negligent in excavating.

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  • Comments: Lateral Support in Wisconsin

    JUR. (SECOND) Adjoining Landowners §37 (1962). 3Ibid. 4 As discussed later in the article, the right to lateral support at present is probably more accurately said to be based on negligence law rather than a theory of natural right. 5 RESTATEMENT, ToRTs §817 (1939). [Vol. 48

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  • WHARAM v. INVESTMENT UNDERWRITERS INC ET AL |

    Hedstrom v. Union Trust Co., 7 Cal.App. 278, 94 P. 386; 2 C.J.S., Adjoining Landowners, § 17, page 18. There are other reasons which require affirmance of the judgment. At common law every owner of land was entitled to lateral support of that land from every other coterminous owner. This was an absolute right incident to the land itself.

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  • 9 Wn. App. 774, CURTIS BAY et al., Respondents, v. STEVE

    [1] Adjoining Landowner - Lateral Support - Improvement - Natural Soil. While the placing of an improvement upon natural soil will not increase an adjoining landowner's duty to provide lateral support for that soil, the adjoining landowner is liable for damages to the natural soil, and any improvements thereon, resulting from his interference with or degradation of the lateral support

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  • Lateral Support: Rights and duties of, to Adjoining Landowners

    Civil Practice and Procedure Related to Lateral Support – Adjoining Lan…

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  • Civil Practice and Procedure Related to Lateral Support

    The fact that a statute removed the common-law rule of absolute liability of an excavator for injuries to the lateral support of adjoining property does not relieve the excavator of liability for damages to buildings on non-coterminous land caused by his or her negligence in excavating.

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  • Adjoining Landowner Disputes | Disputes between Adjacent

    A landowner can enforce the right to lateral support in court. A landowner has a legally enforceable right to EXPECT lateral support from an adjoining landowner. Lateral support is the right to have one's land remain in its natural condition held in place from the sides by …

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  • LOSS OF SUB-LATERAL SUPPORT - RECOVERING DAMAGES FOR …

    Accordingly, some statutes require the excavator to provide prior notice of the proposed excavation to adjoining building owners. Most statutes impose liability on persons who withdraw the naturally necessary lateral support of land in another's possession. Courts have interpreted naturally necessary lateral support as "the support which the supported land itself requires and which in its natural …

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  • Excavation & Blasting Activities: The Duty of Lateral Support

    In property law, lateral support is the right of a landowner to physically support his/her land in its natural state by both adjoining land and underground structures. Lateral support assures the support of the adjoining land against any slippage, cave-in or landslide. The right to lateral support is an absolute right.

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  • Adjoining Landowners Rights and Obligations: The Basics

    Adjoining landowners are those persons, such as next-door neighbors, who own land that share common boundaries and thus have mutual rights, duties, and liabilities. The reciprocal rights and obligations of adjoining landowners existed at common law but have been invariably altered or expanded by various state laws and court decisions.

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  • Lateral Support Liability Lawyers | LegalMatch

    May 28, 2018 · Landowners have a common law right to lateral support. Each landowner can expect to have their land supported in its natural condition by neighboring property. A neighbor who engages in excavation or substantial change to his or her own property in which an adjoining property is damaged as a result, the damaged property owner can bring suit.

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  • In General – Adjoining Landowners

    An adjoining landowner who excavates close to his or her boundary line has a duty to prevent injury arising from the removal of the lateral support of a neighbor's property. Because the right to lateral support is considered an absolute property right, an adjoining landowner will be liable for damages to the natural condition of the land regardless of whether or not he or she acted negligently.

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  • Lateral Support for Existing Buildings during New Construction

    Conn. 40, 50, 121 Atl. 283, 287 (1923) (duty of owner to protect himself when he cannot reasonably expect the excavator to do so). 11. The American Law Institute pictures the law of lateral support as growing out of two different theories of property law-i.e., that the right to support is either a

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  • Content Posted in 2017 | University of North Carolina

    Adjoining Landowners -- Lateral Support -- Duty of Excavator, E. C. Sanderson PDF Adjudication of Gender Prosecution Cases under the Canada Guidelines: The United States Has No Reason to Fear an Onslaught of Asylum Claims, Stephanie Kaye Pell

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  • Adjoining Landowners: California Civil Code Section 832

    ADJOINING LANDOWNERS: CALIFORNIA CIVIL CODE SECTION 832: LATERAL SUPPORT. - The opinion of the court in Harper v. De Witt' has not dispelled the haze which, despite code provisions on the subject, shrouds the California law concerning the right to lateral support. Plaintiff, after subdividing a tract of land belonging to himself, had

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