Question 1

How are lateral support rights enforced for Florida property?

Accepted Answer

Enforcement: the property owner who has lost lateral support can: file a lawsuit for damages (the cost of restoring the land and repairing any damage to structures), seek an emergency temporary injunction (if the neighbor’s excavation is ongoing and the damage is imminent), request a permanent injunction (requiring the neighbor to restore lateral support permanently), file a complaint with the local building department (if the neighbor’s excavation violates the Florida Building Code), and pursue mediation or arbitration (if available through an HOA or community dispute resolution program). The case is typically filed in the circuit court of the county where the property is located.

Question 2

What expert evidence is needed in a Florida lateral support case?

Accepted Answer

Expert evidence: a licensed professional engineer (PE) to: evaluate the cause of the subsidence or damage, determine whether the neighbor’s excavation or construction removed lateral support, calculate the extent of the damage, and recommend remediation measures. A licensed surveyor to: establish property boundaries, document elevation changes, and measure the extent of soil movement. A licensed contractor to: estimate repair costs for damaged structures. A geotechnical engineer to: evaluate soil conditions, groundwater levels, and subsurface stability. Expert testimony is typically required to establish causation (proving that the neighbor’s activities caused the loss of support and resulting damage).

Question 3

Can a Florida property owner waive their lateral support rights?

Accepted Answer

Waiver: lateral support rights can be modified or waived by agreement. Examples: a party wall agreement (adjacent property owners agree to share a common wall and allocate support responsibilities), an excavation agreement (the property owner consents to the neighbor’s excavation in exchange for compensation or indemnification), an easement agreement (granting the neighbor the right to excavate in exchange for support restoration), and a subdivision plat (development plats may include provisions addressing lateral support among lots). Any waiver or modification should be in writing, recorded in the county records, and drafted by an attorney to ensure it adequately protects both parties.

Lateral Support Rights: for Florida Property

Lateral Support Rights for Florida Property

Enforcement Options

Expert Evidence

Waiver by Agreement

Related Terms

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