Support Rights

Question 1

Support Rights:

Liability based on lands

Answer 1

NATURAL CONDITION

mothafuckas

Question 2

Structural Lateral Rights

• If the structural harm was caused by_ _

Answer 2

withdrawal of lateral support AND land would have collapsed regardless of building being on it

Question 3

_ / _ liability for supporting neighboring land

Answer 3

Absolute/Strict

Question 4

Retaining walls: owner has a duty to maintain wall in_ _ _ _

condition

Answer 4

Sufficiently strong condition

Question 5

Retaining Walls:

If wall was stronger than necessary…..

Answer 5

No duty to continue providing that level of support, BUT if rebuilt to make less strong, liable for negligence to provide sufficient notice to neighbor to protect structures dependent on the stronger-than-necessary wall

Question 6

Lateral Support: owners rights

Answer 6

• Owners have legal right to have their land supported laterally by their neighbors land

Question 7

Subjacent Support:

Free Use Rule

Answer 7

• Typically not liable for withdrawing groundwater (via absolute ownership rule)

Question 8

Subajacent Support:

Modern Rule & Test

Answer 8

• Obligation to not withdraw water/oil beneath land of others if it will lessen support for the surface
• Negligence test – Friendswood; strict liability in Restatement

Question 9

Suajacent Support:

Structures on land

Answer 9

some courts extend this obligation to structures on the land, imposing strict liability for damage to surface structures caused by withdrawal of subjacent support

Question 10

Light and Air:

Answer 10

• In US, absent a zoning law, owners are free to build in ways that interfere with their neighbors interests in light and air.
• Many courts reject this and use a nuisance law instead