TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P12

Gale Encyclopedia of American Law Volume 1 P12 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 98 ADJOINING LANDOWNERS artificial structures or buildings on it. A landowner can enforce the right to lateral support in court. A lawsuit for the removal of lateral support accrues when the damage occurs not when the excavation is done. An adjoining landowner who excavates close to his or her boundary line has a duty to prevent injury arising from the removal of the lateral support of a neighbor s property. Because the right to lateral support is considered an absolute property right an adjoining landowner will be liable for damages to the natural condition of the land regardless of whether or not he or she acted negligently. When however a landowner has erected buildings on the land his or her right to recover for deprivation of the lateral support is different. Because additional weight has been placed on the land thus increasing the burden on the lateral support the landowner can be awarded damages for injuries to the building caused by excavation only if his or her neighbor has been negligent. Sometimes local ordinances require that persons planning to excavate on their own property give notice to neighboring adjoining landowners so that neighbors may take preventive measures to protect their property. The failure of landowners who receive notice to take precautions does not necessarily absolve the excavator of liability for negligence. If however the excavator does not notify neighboring landowners courts have treated this failure as negligence and the excavator will be responsible for damages even though the excavating itself was not done negligently. When evidence establishes that an adjoining landowner has removed the lateral support of a neighbor s land the neighbor will recover damages in the amount of either the cost of restoring the property to its value before its support was removed or the cost of restoring the land to its former condition whichever is less. An injunction prohibiting further excavation may be granted if it poses a clear danger to .