CH1: SUPPORT 1) Everyone is entitled to lateral support of their land in its natural state if land is in natural state, subsidence is in strict liability (don't have to prove negligence) just show excavation caused the subsidence if not, must prove subsidence is caused by negligence removal of lateral support not cause of action; negligence is natural state = land w/ improvements (eg. buildings, fence) burden w/ additional weight may be liable for (negligent) removal of lateral support possible to cause subsidence w/o crossing boundary line (b/c changes in weight distrN) 2) Everyone is entitled to vertical support of land in its natural state strict liability for subsidence regardless of natural trespass (eg. Tunnelling over boundary line w/o easement) Gillies v Bortoluzzi (1953)(ManQB)
CH1: SUPPORT 1) Everyone is entitled to lateral support of their land in its natural state if land is in natural state, subsidence is in strict liability (don't have to prove negligence) just show excavation caused the subsidence if not, must prove subsidence is caused by negligence removal of lateral support not cause of action; negligence is natural state = land w/ improvements (eg. buildings, fence) burden w/ additional weight may be liable for (negligent) removal of lateral support possible to cause subsidence w/o crossing boundary line (b/c changes in weight distrN) 2) Everyone is entitled to vertical support of land in its natural state strict liability for subsidence regardless of natural trespass (eg. Tunnelling over boundary line w/o easement) Gillies v Bortoluzzi (1953)(ManQB)
Shepphard_60_Winter_2016_Teresa_Tai.docx