Lateral And Subjacent Support

Definition of "Lateral and subjacent support"

Raymond Gendreau real estate agent

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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
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