Lateral And Subjacent Support

Definition of "Lateral and subjacent support"

Raymond Gendreau real estate agent

Written by

Raymond Gendreauelite badge icon

Amaral & Associates Re

The right of a landowner to have lateral land support from adjacent properties. The right of lateral and subjacent support means that an adjacent land owner may not, for example, lower or undermine the soil of his or her property so as to cause a lack of support and subsequent shifting and damage to the subject property.

Comments for Lateral And Subjacent Support

Rob Mc Eachern Rob Mc Eachern said:

the original owner of the down hill property in 1960 cut into the embankment to have garage at street level and did install a retaining wall, city permits and passing inspection back then. since that time the wall was replaced some time in late 60s or early 70s and 1 more time by the current owners and is failing. I am almost positive the last 2 replacements were done without permits or inspections. just looking at the wall its clear it has been replaced. I am 60 and that wood is not. is there a way for me to show or prove it is not the wall built with permits and the inspections. the neighbor is refusing to take responsibility for our foundation damage. what can I do?

Oct 21, 2020  22:08:59

 
Real Estate Agent

Hey Rob,

Unfortunately, there is not much we can help you with in this regard. If there are some structural damages caused by your neighbors retaining wall and you have no legal basis to hold him accountable, then filing a lawsuit might not help you. We recommend you get in touch with a real estate attorney on this matter since they are more qualified to offer advice and directions in this matter.

Oct 23, 2020  10:27:37
 
 
image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

Said of property that is bought subject to the existing loan against it. ...

The Women’s Council of REALTORS® is one of the affiliate organizations of the National Association of REALTORS® (NAR). This nonprofit organization is a network of successful ...

A narrow passageway between buildings providing secondary rear access. ...

Also called functional depreciation. Loss of value that results from improvements that are inadequate, outdated, overly adequate, or improperly designed for today's needs. May be curable or ...

Federal act passed in 1974 regulating mobile homes. The act defines a mobile home as a "Structure, transportable in one or more sections, which is eight body feet or more in width and is ...

Agreement between two or more individuals whereby each party agrees to do or not to do some act. The parties have reciprocal obligations of performance or actions. ...

Scarcity is a fundamental term in economics, mirroring the limited resources and needs gap. The shortage demands consumers to make logical decisions on spending their money efficiently. ...

Name given by the Realtors National Marketing Institute which is affiliated with the National Association of Realtors. ...

Title deficiency that prevents a seller from successfully transferring property to a buyer. A title company may discover a title defect ( due to encumbrances against the property or failure ...

Popular Real Estate Questions