A landowner owes a duty of lateral-subjacent help to adjacent properties. Therefore, all property owners are entitled to expect that naturally occurring soil and water situations, such as the lateral support provided by neighboring properties, will always be in their natural condition. This is a normal property right.
However, what happens when a parcel of land needs to be excavated for development? Are there consequences for or considerations to be made by the developer or landowner? Jeffrey T Angley says, of course, is yes. The reason for this is that it is well settled that for an excavation causing an injury to the soil of an adjoining owner in its natural state an action will lie, but that no recovery will be allowed in the absence of negligence or a direct trespass for an injury to structures by excavating the adjoining land.
There will be strict legal responsibility for landowners (or their contractors) that digs blast or tunnel on their land if they wipe out or hurt the lateral support benefitting adjacent property and damage the land in its natural condition.
When it comes to removal of bedrock for development, certain methods of excavation and blasting are more destructive than others. This depends on the nature of the project site in relation to its surroundings. For example, shock waves, vibrations, and cracks and fissures in the bedrock extending beyond the property line-are just some of the potential consequences of blasting. This can create an unsafe and hazardous situation for adjoining properties, and potentially subject the developer and/or landowner to claims of nuisance and negligence from adjoining property owners.
Subsequently, while excavation as well as relevant growth is certainly not restricted, this will demand a number of focus, especially because disturbance with lateral support or conduct deemed a trespass or negligent can lead to money problems owed to affected properties.
Developers, contractors and adjoining landowners can take some precautions as mentioned below:
Overview and know the suggested excavation plans before permits are given, if possible, but certainly, in advance of excavation will begin. These analyses need the expertise and input of professional geotechnical experts and engineers. They are going to looking to determine whether the plans will cause harm to neighboring properties.
For projects requiring blasting, consider alternative methods of excavation and mitigation in light of the proximity of surrounding properties, buildings and uses. There are often less intrusive methods of excavation available to developers that could help avoid the potential for negligence.
Understand that various adjoining constructions, structures and uses-such as towers and antennas anchored with person wires deep into the bedrock-may not have usual blasting criteria that will permit for a risk-free blasting plan. This is where developers must be particularly sensitive to alternative methods of excavation.
Developers and contractors must remember that it is no defence to a valid nuisance claim that their conduct was under the guise of a duly issued permit. Their conduct, notwithstanding the town or city's approval, can still result in a lawsuit if it substantially and unreasonably interferes with another landowner's use and enjoyment of his land.
Overall, it is essential that any sort of excavation or blasting task prevent disrupting or destroying the lateral assistance provided to neighboring properties.
Disclaimer: The information contained in this article is general in nature and for educational purposes only. No personal legal advice is being provided. If you have an actual legal issue that needs to be addressed, you should seek the advice of competent legal counsel.
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