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Flashcards in Support Rights Deck (11)
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1
Q

Support Rights:

Liability based on lands

A

NATURAL CONDITION

mothafuckas

2
Q

Structural Lateral Rights

• If the structural harm was caused by_ _

A

withdrawal of lateral support AND land would have collapsed regardless of building being on it

3
Q

_ / _ liability for supporting neighboring land

A

Absolute/Strict

4
Q

Retaining walls: owner has a duty to maintain wall in_ _ _ _

condition

A

Sufficiently strong condition

5
Q

Retaining Walls:

If wall was stronger than necessary…..

A

No duty to continue providing that level of support, BUT if rebuilt to make less strong, liable for negligence to provide sufficient notice to neighbor to protect structures dependent on the stronger-than-necessary wall

6
Q

Lateral Support: owners rights

A

• Owners have legal right to have their land supported laterally by their neighbors land

7
Q

Subjacent Support:

Free Use Rule

A

• Typically not liable for withdrawing groundwater (via absolute ownership rule)

8
Q

Subajacent Support:

Modern Rule & Test

A
  • Obligation to not withdraw water/oil beneath land of others if it will lessen support for the surface
  • Negligence test – Friendswood; strict liability in Restatement
9
Q

Suajacent Support:

Structures on land

A

some courts extend this obligation to structures on the land, imposing strict liability for damage to surface structures caused by withdrawal of subjacent support

10
Q

Light and Air:

A
  • In US, absent a zoning law, owners are free to build in ways that interfere with their neighbors interests in light and air.
  • Many courts reject this and use a nuisance law instead
11
Q
A