...support of land — Withdrawal — Negligence — Liability of actor — Restatement, Torts. 1. A person who negligently withdraws lateral support of land, or of artificial additions...unreasonable risk of harm. [624-5] 3. Restatement, Torts, § 819, cited. [624] 4. A person who negligently withdraws lateral support of land, or of artificial...destruction of the individual plaintiffs' house and lot resulting from subsidence caused by removal of lateral support. A severance as to Stowe Township was granted, and the case proceeded only as to the individual plaintiffs. Plaintiffs are the owners of a house and lot on the southerly side of Island Avenue in Stowe Township, Allegheny County, Pennsylvania. The defendant, Hachmeister Co., Inc., is the owner of land on...

...has caused a threat of damage to her health. CT Page 13008 The complaint is based on four theories of liability, i.e., right to lateral support of land, private nuisance...). I It is fundamental law that ". . . the owner of land has a right to the lateral support of his own soil in its natural...Connecticut concerning the right of lateral support of land was stated in Carrig v. Andrews, 127 Conn. 403, 405...

.... 191; State v. Superior Court, 106 P. 481. The ordinance is an extension of the common-law doctrine of lateral support of land in its natural state to land burdened with...lateral support of land was not restricted to damage inflicted upon land of an adjoining owner, but included injury to any land within the natural zone of support ( Birmingham v. Allen..., therefore, apart from the support of the analogous common-law principles just discussed, falls directly within the terms of the ordinance, and if the effect of such excavation was to deprive the land of the...

...to Lateral Support, Not Waived. Where the owner of a Baltimore City house and lot, joining as a grantor in a deed of a surrounding tract of land, waived the right to use a private road over that...) that the grantee would be liable for any removal of lateral support from, or unlawful invasion of, the grantor's land. pp. 579, 581 REAL PROPERTY — Lateral Support — Every...They Knew, Consented, or Directed. The court correctly instructed the jury that where a developer engaged a contractor for excavation work, which was performed in a way that removed lateral support from adjoining land, the developer and its agents were not liable if the contractor, without their knowledge or consent, removed adjoining soil for his own purposes; but they were liable if the contractor acted under their direction or with their consent. Likewise, while the officers of a...

...and judgment. Lateral support — definition of right — requirements. 2. The right of lateral support from adjoining land consists in...— same. 3. There is no right of lateral support for land where the natural condition thereof has been altered through man's activity so as to create the need for...lateral support where none existed in a state of nature, as where an owner raises his land above his neighbor's by filling. Easement — implied — requirements — burden of proof...

... owner; that the bulkhead was located upon appellants' property and had been erected by appellants' predecessor in title for the purpose of providing lateral support to which respondent's land was...sum of $2,035. That sum is predicated upon the following finding of fact: "That by reason of the failure of cross-defendants to furnish to the land of cross-complainant the lateral support to...line, but the trial court found to the contrary, and thus we have a case where the appellants are obligated to maintain the wall for the lateral support of respondent's land, and the collateral issue...

.... Conceding them all the rights due them as land owners adjoining defendants' land B, nevertheless they have no interest in the title to lot B. [1] The right of lateral support of land in its...that a land owner has an interest in the adjoining land for lateral support of his soil. This expression is not to be understood as a declaration that he has an interest in the title to his neighbor's land. While...defendants, own said parcel B free and clear of all interest of the plaintiffs therein to said lateral and subjacent support and abutment right." The prayer is that it be decreed...

.... 5. PROPERTY — Lateral Support — Action — Excavation — Negligence — Complaint — Demurrer. — Appellants had an absolute right of lateral support for their land from the adjoining land of appellees and appellants have a right of action for the violation of said absolute right of lateral support of...alleged excavation. p. 17. 6. DAMAGES — Removal of Lateral Support to Land — Failure to Charge Negligence — Artificial Structures Damaged. — The instant complaint charged a...violation of absolute right of lateral support of land in its natural condition but since it did not charge negligence, there can be no recovery for any damages to artificial structures. p. 17...

..., Arensberg Dunn, for appellee. Real property — Lateral support of land in natural condition — Excavation...passageway to the back of her property; it was Held, in the circumstances, that (a) plaintiff was entitled to lateral support of her ground; and (b) a mandatory injunction was proper relief. 2. Where it appeared that at the time plaintiff constructed the house on her property some of the top soil was retained and enough dirt for backfilling and grading, but that the fill added to the land was...the adjacent landowner; and (b) defendant's contention that the general rule as to lateral support did not apply was without merit. 3. At common law an owner of land is entitled to...

...lateral support of land. A justice of the superior court, sitting without a jury, rendered a decision in favor of defendant. After hearing bill of exceptions prosecuted by plaintiff the ninth exception.... REAL PROPERTY. Lateral Support. Motion for New Trial. Plaintiff claimed damages based on necessity of having to construct a wall and fence after defendant made an excavation near party line. Held, that where the defendant was the person who first changed the natural slope and grade of the land in.... BAKER, J. This is an action of the case to recover damages for the alleged disturbance of lateral support of land owned...

..., if any, which resulted therefrom." [1] The general rule of the right to lateral support is stated in Restatement of the Law, Torts, section 817, as follows: "[A] person who withdraws the naturally necessary lateral support of land in...subsidence of such land of the other as was naturally dependent upon the support withdrawn, in the absence of a superseding cause or other reason for relieving him. . . . "Naturally necessary lateral support.... Naturally necessary lateral support is that support which the supported land itself requires and which in its natural condition and in the natural condition of the...

...status as defendants. The defendants in support of their motion to dismiss rely on the Restatement of the Law of Torts which provides that: "* * * a person who withdraws the naturally necessary lateral support of land in...Anchel Burg in so excavating, grading, and digging removed the lateral support from plaintiffs' property and caused damage to same. They do not charge that Bernard Lee and Anchel Burg were the agents of...the other defendants in this case, but charge that the other defendants since they have purchased the property have not provided any lateral support of their property, and that sliding and washouts...

...collation of authorities, English and American, and we are satisfied with the principle then announced, 'that every man has a right to lateral support for his land from the adjacent lands of other...]: "It is a settled principle of law that the right to lateral support applies to the land in its natural condition, and an adjoining landowner cannot by erecting buildings on the margin of his...burden placed upon the land, by the erection of the house thereon, said house may fall, by reason of the withdrawal of the lateral support, 1 Cyc. 776, 778; Moody v. McCleland, 39 Ala. 45...

...feet, caused the lateral support of their land to be withdrawn, with the consequence that portions of their land moved downward and laterally onto the defendant city's property, so that plaintiffs...coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual..."strict liability" claim rather than only the more limited motion to strike. At common law a coterminous owner was strictly liable for damages resulting from the withdrawal of lateral support of land in...

...established in all jurisdictions that a property owner is entitled to the continued subjacent lateral support of his neighbor's property, and the neighbor who excavates his property so as to remove the subjacent lateral support becomes liable for the resulting damages. Some Courts have also imposed liability on a subsequent land owner...who negligently allows substituted artificial lateral support (retaining wall) to deteriorate through lack of maintenance or repair. Arkansas is included among such Courts. Urosevic v. Hayes, 267 Ark. 739, 590 S.W.2d 77 (1979). The Court found one jurisdiction, Colorado, which has imposed liability on a subsequent land owner...land has the right to the lateral support of his soil in the natural state, and the law provides recourse for violation of this right...

.... We granted this appeal to address whether a landowner has a duty to provide lateral support to adjoining land that has been altered from its natural state. In a case of first...impression for this Court, we hold that no such duty is owed. We conclude that the duty to provide lateral support encompasses only the naturally necessary support of adjoining land in its natural state.... The trial court granted plaintiffs' motion for summary judgment on this issue, concluding, as do we, that the duty to provide lateral support did not extend to adjoining land that had been altered or improved. Therefore, as both the plaintiffs' and defendant's property in question had been altered from its natural state, the trial court concluded that the plaintiffs had no duty to replace the lateral support of the...

...: First: defendant Earl Schneider withdrew the lateral support of land from the Burdman building, and Second: defendant Earl Schneider was thereby negligent, and...Schneider withdrew the lateral support of land from the Burdman building, and Third, defendant Earl Schneider was thereby negligent, and..., this case involves the rights of landowners with reference to lateral support. The common law rule is that the owner of vacant land has the...

.... Property — Real estate — Lateral support of land — Scope of duty — Filled land. 1. In these appeals in which it appeared that extensive fill had...as wilful damage. [385-9] 2. The right of lateral support deals with land in its natural state and is not applicable to filled land. [388] Mr. Chief Justice BELL...discuss with the owners, the problem presented by the migratory fills. He stated that he was willing to allow some of the offending fill to remain on the diocesan land so as to continue to give support to...

..., he should have asked for specific instructions and failing so to do cannot raise the objection on appeal. ( 4) Municipal Corporations. Lateral Support. Damages. The right of lateral support applies only to land of...negligence the one making the excavation is not liable for injury to the building resulting from its subsidence. ( 5) Municipal Corporations. Lateral Support. Damages. Where a landowner sues a municipality for damages for loss of lateral support injuring plaintiff's building, by an excavation in street by municipality for purpose of construction of sewer, plaintiff is entitled to recover where the evidence shows that the sinking of the land was...provision imposing such liability, it is not liable for injury to the plaintiffs' property caused by the disturbance or the removal of the lateral support of the plaintiffs' land. By...

.... Lateral Support — Building or Other Structure — Excavation on Adjoining Land — Negligence — Damages — Proximate Cause — Evidence. Every owner of land...has the right to lateral support from the adjoining soil, and if a landowner removes the earth from his own land so near the land of his...neighbor that his neighbor's soil will crumble away under its own weight, he is liable for damages so occasioned. p. 265 The right of lateral support to land from...