Right to Support

Question 1

Noone v Price:

Answer 1

if disrepair would have led to subsidence in land’s natural condition = can recover for land and home damage; if land wouldn’t have subsided but for the house = can’t recover anything

i) F: wall constructed on ∆’s prop (low end) before π put house on prop (high end); ∆ bought lower prop, didn’t repair/maintain; subsidence, damaged houseremanded
ii) Right for lateral support: right for land supported in natural condition by neighbors (standard = reas if buildings; = strict if just land)
(1) Excavation = clear violation of right to support
iii) Right for subjacent support: right for land support in natural condition by earth below (standard = absolute)
iv) FT: better rule = comp. fault regime if buildings (not maintaining wall = reas, but should be held partly liable)