Question 1

What is the right of lateral support in real estate?

Accepted Answer

The right of lateral support is the legal right of a landowner to have their land physically supported by the adjacent land in its natural state. If a neighbor excavates or alters their land in a way that causes the adjacent land to subside, slip, or collapse, the neighbor may be liable for damages. The right of lateral support is: a natural right that exists without any agreement or easement, applicable to land in its natural state (without buildings or improvements), and an absolute right (the adjacent landowner is strictly liable for removing lateral support, regardless of negligence). In Florida, the right of lateral support is particularly important for: waterfront properties (where erosion or seawall construction can affect adjacent properties), construction sites (where excavation for foundations can undermine neighboring properties), and hillside properties (where grading can cause slope failure).

Question 2

How does lateral support law apply in Florida?

Accepted Answer

Florida application: while Florida does not have a specific lateral support statute, the common law right of lateral support is recognized. Florida courts have held that: a landowner has an absolute right to lateral support from adjacent land in its natural state, a landowner who removes lateral support is strictly liable for resulting damage (no proof of negligence is required), the right extends only to the land in its natural state (not to buildings or improvements, unless the land would have subsided even without the buildings), and the adjacent landowner may be liable for both the cost of restoring the land and any damages to improvements if the land would have subsided regardless of the improvements. Florida’s Building Code also addresses excavation requirements and the duty to protect adjacent properties during construction.

Question 3

What remedies exist for loss of lateral support in Florida?

Accepted Answer

Remedies: injunctive relief (a court order requiring the adjacent landowner to restore lateral support or stop excavation activities), compensatory damages (the cost of restoring the land to its original condition, plus any damage to improvements), diminution in value (the decrease in the property’s market value caused by the loss of support), and consequential damages (relocation costs, lost rental income, costs of temporary repairs). The property owner must act promptly: if the loss of support is ongoing, the owner should seek an emergency injunction to stop the excavation. The statute of limitations for property damage in Florida is 4 years (Section 95.11(3)(g)), running from the date the damage occurred or was discovered.

Lateral Support

Lateral Support Rights in Florida Real Estate

The Right

Florida Application

Remedies

Related Terms

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