Adjoining Landowners

AuthorJeffrey Lehman, Shirelle Phelps

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Those persons, such as next-door and backyard neighbors, who own lands that share common boundaries and therefore have mutual rights, duties, and liabilities.

The reciprocal rights and obligations of adjoining landowners existed at COMMON LAW but have been modified by various state laws and court decisions.

Rights, Duties, and Liabilities

Landowners are expected to use their property reasonably without unduly interfering with the rights of the owners of contiguous land. Anything that a person does that appropriates adjoining land or substantially deprives an adjoining owner of the reasonable enjoyment of his or her property is an unlawful use of one's property. A man buys a house in a residentially zoned area and converts it into an office building. He paves the backyard for a parking lot but encroaches two feet beyond his property into the lot of the adjoining landowner. His use of the property is unlawful for a number of reasons. He has appropriated his neighbor's land and substantially interfered with his neighbor's right to use it. His neighbor may sue him in a TORT ACTION for the NUISANCE created and, if successful, the neighbor will be awarded damages and an INJUNCTION to stop the unlawful use of the land. In addition, the purchaser has

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violated ZONING laws by using residential property for commercial purposes without seeking a variance.

Property owners have the right to grade or change the level of their land or to build foundations or embankments as long as proper precautions are taken, such as building a retaining wall to prevent soil from spilling upon adjoining land. If permitted by law, landowners may blast on their own property but will be liable for damages caused by debris thrown onto adjoining land.

Lateral Support A landowner has a legally enforceable right to lateral support from an adjoining landowner. Lateral support is the right to have one's land in its natural condition held in place from the sides by the neighboring land so that it will not fall away. Land is considered in its natural condition if it has no artificial structures or buildings on it. A landowner can enforce the right to lateral support in court. A lawsuit for the removal of lateral support accrues when the damage occurs, not when the excavation is done.

An adjoining landowner who excavates close to his or her boundary line has a duty to prevent...

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