Lateral & Subjacent Support
Real Property · Lesson 13
Lateral & Subjacent Support
這一課問的是：鄰地主對相鄰土地之自然狀態，是否負有「不得使其塌陷」之義務？
Actor
Act
Object
Standard
Consequence
Core Terminology · 7 must-know
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lateral support
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Right to have land supported by sides — i.e., neighboring soil.
側向支持。
subjacent support
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Right to support from beneath — re: mining etc.
下方支持。
natural condition
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Land without buildings — strict liability for damage.
自然狀態。
artificial condition
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Land with structures — negligence standard.
人造狀態（過失標準）。
Rule Sentence · the workhorse
A landowner has a strict-liability right to lateral and subjacent support of land in its natural condition; if damage is caused only by the weight of structures added to the supported land, the supporting owner is liable only on a negligence theory.
Mini IRAC · build the Application
Issue. Is the excavating neighbor strictly liable for the collapse of an adjoining tract that was in its natural condition?
Rule. A landowner is strictly liable for damage to adjoining land in its natural condition caused by withdrawal of lateral support.
Application (model). D excavated near the boundary, undermining P's adjoining vacant lot, which collapsed. Because strict liability attaches to withdrawal of lateral support from land in its natural condition, the fact that P's lot was vacant — held in its natural condition — and the collapse traced to D's excavation means strict liability applies without proof of negligence.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, D is strictly liable for the damage.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: