Chapter 28 - § 28.4 • WITHDRAWAL OF SUPPORT

• Jurisdiction: Colorado

§ 28.4 • WITHDRAWAL OF SUPPORT

One who withdraws naturally necessary lateral support of land in another's possession is strictly liable for a subsidence of the land, as well as harm to artificial additions resulting from subsidence. Strict liability does not apply in circumstances in which a subsidence of land is caused by the removal of additional lateral support required because alterations in the supported land have impaired its cohesiveness and stability. Underlying this strict liability is the fundamental notion that a landowner cannot, by placing improvements on the land, increase his or her neighbor's duty to support the land laterally. Otherwise, the party with the duty to maintain the...