When the rains come, so do landslides. ?Be ready to pursue any claims for the damage caused by the negligence of others in securing their property to avoid damage to your home, your possessions, and injury or inconvenience to you and your loved ones.
In addition to being responsible to adjacent landowners for soil and mud sliding down a hillside, 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 injury arising from the removal of the lateral support of a neighbor?s property. Because the right to lateral support is considered an absolute property right, an adjoining landowner will be liable for damages to the natural condition of the land regardless of whether or not he or she acted negligently.
When, however, a landowner has erected buildings on the land, his or her right to recover for deprivation of the lateral support is different. Since additional weight has been placed on the land, thus increasing the burden on the lateral support, the landowner can be awarded damages for injuries to the building caused by excavation only if his or her neighbor has been negligent. Sometimes local ordinances require that persons planning to excavate on their own property give notice to neighboring adjoining landowners so that neighbors may take preventive measures to protect their property. The failure of landowners who receive notice to take precautions does not necessarily absolve the excavator of liability for negligence. If, however, the excavator does not notify neighboring landowners, courts have treated this failure as negligence, and the excavator will be responsible for damages even though the excavating itself was not done negligently.
When evidence establishes that an adjoining landowner has removed the lateral support of a neighbor?s land, the neighbor will recover damages in the amount of either the cost of restoring the property to its value before its support was removed or the cost of restoring the land to its former condition, whichever is less. An injunction prohibiting further excavation may be granted if it poses a clear danger to contiguous lands and if it will cause irreparable damage.
Our attorneys have successfully litigated cases involving earth movement on behalf of plaintiffs throughout California. Our cases range from simple land movement disputes between neighboring residences to major landslides that result in catastrophic damage. ?We have proven adept at resolving cases that involve damage to land supporting large apartment buildings, retail and commercial structures, as well as single-family residences and raw land. We have represented clients in the complex, multi-party, civil litigation, as well as associated administrative proceedings.
Because these cases frequently involve millions of dollars in remediation, property damage, loss of use and other damages, it is critical to identify and engage potential liability insurance. Our attorneys have extensive experience dealing with most major insurance carriers, navigating complex insurance coverage issues and disputes in order to successfully achieve the economic objectives of the litigation. ?It is also important to fully understand the complex causes of the event(s), the appropriate remediation required, and to fully and accurately assess the costs involved.
This article is not meant to be all inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.? If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.
Jannik Catalano is licensed in California. The information provided is based upon California law only. If you are looking for information for another jurisdiction, please contact an attorney in that area.?The Catalano Law Group?handles personal injury, business litigation, real estate litigation and insurance bad faith matters.
This post is not meant to be legal advice or create an attorney-client relationship with the Catalano Law Group. If you are interested in retaining counsel, we are happy to set a consultation. Consultations can be scheduled by calling 415-436-9236.? View a full listing of?The Catalano Law Group Areas of Practice.
Source: http://catalanolawgroup.com/2012/12/03/a-landslide-damaged-my-home-and-property-what-next/
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