Lateral And Subjacent Support

Definition of "Lateral and subjacent support"

Raymond Gendreau real estate agent

Written by

Raymond Gendreauelite badge icon

Amaral & Associates Re

The right of a landowner to have lateral land support from adjacent properties. The right of lateral and subjacent support means that an adjacent land owner may not, for example, lower or undermine the soil of his or her property so as to cause a lack of support and subsequent shifting and damage to the subject property.

Comments for Lateral And Subjacent Support

Rob Mc Eachern Rob Mc Eachern said:

the original owner of the down hill property in 1960 cut into the embankment to have garage at street level and did install a retaining wall, city permits and passing inspection back then. since that time the wall was replaced some time in late 60s or early 70s and 1 more time by the current owners and is failing. I am almost positive the last 2 replacements were done without permits or inspections. just looking at the wall its clear it has been replaced. I am 60 and that wood is not. is there a way for me to show or prove it is not the wall built with permits and the inspections. the neighbor is refusing to take responsibility for our foundation damage. what can I do?

Oct 21, 2020  22:08:59

 
Real Estate Agent

Hey Rob,

Unfortunately, there is not much we can help you with in this regard. If there are some structural damages caused by your neighbors retaining wall and you have no legal basis to hold him accountable, then filing a lawsuit might not help you. We recommend you get in touch with a real estate attorney on this matter since they are more qualified to offer advice and directions in this matter.

Oct 23, 2020  10:27:37
 
 
image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

A lien that makes property security for the repayment of debt. Mortgages can finance the acquisition of real estate such as a home. A mortgage has certain benefits compared to other debt ...

Judicially determined minimum selling price for auctioned property. For example, a judge rules that a foreclosed home may be sold for less than $200,000, ...

An individual's option to fairly utilize another's property. An example is privileges under an easement. For example, a person receives permission to use a lake on the private property of ...

Typically, a benchmark means a standard comparison unit between similar items to measure their performance. As such, we must select the universal component or criterion. Then, grade the ...

Bond collaterized by real assets. Two kinds of mortgage bond are senior mortgages and junior mortgages. A mortgage bond may have a closed-end provision that prevents the firm from issuing ...

Interpreting the objective of a testator in his or her will. The disposition of the testator's estate must be untreatable or it could be legally challenged. ...

Method of describing a real estate property offering by a developer in lieu of a prospectus. ...

When doing an Appraisal, the Appraiser has several methods to get to his/her Market Value evaluation and obtain a number regarding that property’s market value. The Income ...

An individual for whom a court has awarded a financial judgment against a debtor. For example, a court award makes Smith a judgment creditor against Cole for $2,000. ...

Popular Real Estate Questions