Support, access and the damage claims that follow excavation.
Esshaki Legal Media TeamCurrent as of August 2021
Building close to a property line creates obligations to the adjoining owner
that exist independently of any agreement.
Lateral support. A landowner has an absolute right to support of land in its
natural state. Removing support and causing subsidence is actionable without
proof of negligence. Where the neighbor’s land carries buildings, liability for
damage to the structures generally requires negligence, though several statutes
and ordinances impose strict duties for excavation below a specified depth.
Statutory notice. Many jurisdictions require notice to adjoining owners
before excavation, with an obligation to protect their structures and, in some,
a right of access to do so.
License agreements for access. Where scaffolding, tiebacks, crane swing or
protection work require entry, a written license with compensation, insurance,
indemnity, a schedule and a restoration obligation. Several states provide a
court procedure where the neighbor refuses unreasonably.
Pre-construction surveys. Photographic and instrumented documentation of the
neighbor’s structures before work begins, which is the only reliable defense to
a claim that pre-existing cracks were caused by the excavation.
Monitoring. Vibration and settlement monitoring with thresholds and a
response protocol.
Insurance. Coverage naming the neighbor, and confirmation that the
contractor’s policy covers this exposure.