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Powell on Real Property
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
9-63 Powell on Real Property 63.syn
Lateral and Subjacent Support
Michael Allan Wolf, General Editor;Originally by Richard R. Powell
The chapter first examines the essential characteristics of the law of lateral support, then goes on to explain when liability for withdrawing support is strict and when it depends on negligence. The discussion then turns to a review of the types of acts that constitute negligence in support cases, as well as some defenses to negligence. Next, the chapter discusses other factors likely to arise in litigation, such as the proper parties and the statute of limitations. An examination of the most common remedies given for wrongful withdrawal of that support follows.
Finally, the chapter summarizes the law of subjacent support, including the liability of owners of mineral rights, the law of percolating waters, the consequences of separate ownership within buildings, and an explanation of how liability is affected by voluntary alterations in the rights and duties of subjacent support.
Recognized as the leading source on real property law and considered a classic text since its original publication in 1949, Powell on Real Property provides expert analysis on virtually all aspects of the law of real property. The combination of detailed information on current law with explanations behind the law allows readers to forecast future trends. National in scope and updated four times a year, Powell on Real Property is frequently cited by the highest courts.
Real property,lateral support,subjacent support,negligence,wrongful withdrawal of support,mineral right owners,percolating waters,separate ownership within buildings,loss of lateral support,loss of subjacent support
RELATED CHAPTERS: (View)
For a discussion on the related topic of easements, see Ch. 34, Easements and Licenses.
For a discussion on the related topic of trespass, see Ch. 64A, Trespass.
For a discussion on the related topic of water law, see Ch. 65, The Law of Water.
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