The right of lateral support is a common-law doctrine embodying the principle that the owner of land has a right in having their soil in its natural condition remain in its natural position without being caused to fall away by excavations or improvements made on adjoining land. If an adjoining landowner, excavating on their own land, removes the natural support of their neighbor's soil and causes it to fall away, the adjoining landowner is strictly liable for loss of lateral support. For example, if a mining company digs a pit mine to the edge of their property boundary causing land on the adjacent property to cave into the pit, the mining company would be liable for damages for loss of lateral support. Parties who fear their land may be damaged by neighboring excavations, for example, those whose land borders mining operations or construction projects, may request injunctive relief to prevent damages.
[Last updated in June of 2020 by the Wex Definitions Team]