subjacent support

subjacent support
A right of an adjoining landowner. The support of the surface by the underlying strata of the earth, or the support of the upper floors of a building by the part below. The surface, in this connection, means not merely the geometrical superficies without a thickness, but includes all above the subjacent stratum in question and therefore includes a higher stratum as well as the actual surface of the soil, and the owner of the higher stratum is entitled to the same rights as the actual surface owner. It has been held, however, that the word "surface," when used in this connection in a deed without a qualifying phrase, signifies only the superficial part of the land, and therefore one having such grant is entitled to subjacent support of the superficial part of his land only. 1 Am J2d Adj L § 77.

Ballentine's law dictionary. . 1998.

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  • subjacent support — n. In property law, the support of the surface of the land by the earth s underlying strata. See also lateral support. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • subjacent support — /sabjeysant saport/ The right of land to be supported by the land which lies under it; distinguished from lateral (side) support. See also support …   Black's law dictionary

  • Lateral and subjacent support — Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures. If a neighbor s excavation causes the… …   Wikipedia

  • support — 1. support, verb Furnishing funds or means for maintenance; to maintain; to provide for; to enable to continue; to carry on. To provide a means of livelihood. To vindicate, to maintain, to defend, to uphold with aid or countenance 2. support,… …   Black's law dictionary

  • support — Verb: To carry the weight of something. To comfort and sustain. To furnish the necessities of life for maintenance in a proper manner, not merely the necessities for a bare maintenance. Anno: 13 ALR 689 (term appearing in workmen s compensation… …   Ballentine's law dictionary

  • support of building — A right of an owner and a corresponding liability of an adjoining owner under grant, express or implied, or under reservation, sometimes existing as a prescriptive right, although not included in the right of lateral support and confined to the… …   Ballentine's law dictionary

  • support of land — See lateral support; subjacent support …   Ballentine's law dictionary

  • easement of natural support — The easement or right which a landowner has to the lateral and subjacent support of his land in its natural condition. Booth v Rome, Watertown & Ogdensburg Terminal R. Co. 140 NY 267, 35 NE 592. An easement ex jure naturale rather than a true… …   Ballentine's law dictionary

  • Lateral support — may mean:* Lateral support a type of physical support to help prevent sideways movement * Lateral and subjacent support a legal term …   Wikipedia

  • lateral support — The right of lateral and subjacent support is the right to have land supported by the adjoining land or the soil beneath. The right of a landowner to the natural support of his land by adjoining land. The adjoining owner has the duty not to… …   Black's law dictionary

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