Support

The right of support is the right of a land-owner to rely upon the support naturally afforded to his land by the soil adjoining. The general rule is, that every landowner is entitled to have his land, in its natural state, supported by the adjoining land of his neighbor; hence, an action will lie against the latter, if, by digging on his own land, he removes that support. This right to lateral support from adjoining soil is not held to be an easement, but is a right of property, pa.'^sing with the soil. It is often said to be founded on the principle sic utere luo ut alienum non Icedas (q. v ), — ■ that is to say, the ownership of land is subject to this limitation, that one must not dig it away to the boundary line in such manner as will cause the adjoining soil to fall in. But if a person builds to the utmost extremity of his own land, and thereby increases the lateral pressure on the soil of his neighbor, and then the latter digs his own ground, so that the first person's land and buildings fall, an action will not lie for the injury occasioned to the buildings, unless he has, by grant or prescription, acquired a right to the support of the house by the soil of his neighbor. The common-law right of support extends only to the natural soil: one cannot claim it for artificial erections. An undertaking " to support and take care of " a person does not imply that the person to be supported is not to use proper exertions to support himself.

Bull v. Mc- Crea, 8 B. Man. 422.

A devise for the "support of the family " of the testator is a devise for the support of his widow, and the maintenance and education of his cliildren.

Addison v. Bowie, 2 Bland, 606.

How to construe a bequest of a comfortable support, or a reasonable support for testator's widow, — see Tolley ti.

Greene, 2 Sandf. Ch. 91; Thompson v. Carmicliael, 3 Id. 120.