Lateral Support

The support of land by the adjoining land; so called in contradistinction from "subjacent support," that of the soil beneath. The right to such lateral support exists as a natural incident of real property (25 N. J. Law, 366; 122 Mass. 199); and an adjoining landowner who, by excavation on his own land, removes such lateral support, is liable in damages (135 Mass. 150; 57 Minn. 493). LATERARE (Law Lat. from latm, a side).

In old English law. To lie sideways; literally, to side; the opposite of capir tare, to head or abut. Cowell. See "Capitare."

The right of having one’s land and the structures erected thereon supported by the land of a neighboring proprietor. Each of two adjoining land-owners is entitled to the support of the other’s land. The right of lateral support exists only with respect to the soil In its natural condition; Northern Transp. Co. v. Chicago, 99 U. S. 635, 25 L. Ed. 336; and it is an incident to the land In that condition; Farrand v. Marshall, 19 Barb. (N. Y.) 383. If any excavation cause damage whilst the soil remains In this condition, an action will lie, but In the absence of negligence in excavating, or prescription, or grant, in favor of the neighbor, no action will lie for injury occasioned to the latter If he has increased the lateral pressure by building on the land; Gilmore v. Driscoll, 122 Mass. 207, 23 Am. Rep. 312; 10 H. L. Cas. 333; Eads v. Gains, 58 Mo. App. 586; Beard v. Murphy, 37 Vt 99, 86 Am. Dec. 693. A land-owner has a right to assume that the soil will be^permitted to remain in its natural state, and for a violation of this right, an action will lie independently of the question of negligence; 2 Rolle, Abr. 565; Richardson v. R. Co., 25 Vt. 465, 60 Am. Dec. 283; Mc Guire v. Grant, 25

The right of lateral and subjacent support is that right which the owner of land has to have his land Supported by the adjoining land or the soil beneath. 27 Grat.77; 19 Barb. 380; 2 AMen, 131; 12 Amer. & Eng. Enc. Law, 933.