Owning commercial property comes with a unique set of rights and responsibilities, not just for the property itself but also in relation to neighboring properties. One crucial responsibility often overlooked is the duty of lateral support. This legal obligation ensures that property owners take reasonable care to avoid undermining the structural stability of adjacent properties—a matter of particular importance for commercial developments where large-scale projects can significantly affect surrounding land. Disputes over lateral support can quickly escalate and may require legal intervention, making it essential for commercial property owners to understand their rights and responsibilities.
What Is the Duty of Lateral Support?
The duty of lateral support refers to the legal obligation of property owners to maintain the stability of their neighbor’s land. Simply put, one property owner cannot excavate, build, or perform work on their property in a way that causes damage or instability to an adjacent property. For example, if construction on your neighbor’s lot causes the soil on your property to shift, resulting in cracks or foundation damage, your neighbor may have breached their duty of lateral support.
While this obligation might sound clear-cut, disputes often arise because determining whether this duty has been breached can require expert evaluation. Not every construction project poses a threat, and courts typically rely on testimony from professionals such as soils engineers, civil engineers, or construction experts to establish whether one property owner’s actions have undermined another’s land.
When Does a Breach of Lateral Support Occur?
In the commercial property sphere, breaches of lateral support often arise during large-scale projects, including:
- Excavation for underground parking structures or basements: Commercial developments frequently involve deep excavation work, which can destabilize nearby properties if not properly managed.
- Construction of retaining walls: These structures are common in urban and hillside commercial developments. Poorly designed or maintained retaining walls can fail, leading to soil erosion or landslides that impact neighboring businesses.
- Grading and landscaping changes: Alterations to land levels or drainage patterns can unintentionally compromise the stability of adjacent commercial properties, especially in densely developed areas.
Given the high stakes—damage to office buildings, retail spaces, or industrial facilities—commercial property owners must take extra precautions during development or renovation projects to avoid disputes and potential liability.
What Can You Do if You Suspect a Breach?
If you own commercial property and suspect that neighboring construction or development work may breach the duty of lateral support, acting swiftly and strategically is critical. Here are the steps you should consider:
- Engage experts early: Before initiating any legal action, consult with a soils engineer, structural engineer, or construction expert to assess whether the work is causing or could cause instability. Their evaluation is key to building a case or negotiating a resolution.
- Communicate with your neighbor: Many disputes can be resolved through open dialogue. A neighboring property owner may not be aware of the potential risks their work poses and may be willing to take corrective measures once informed.
- Seek legal guidance: If the issue persists, legal action may become necessary. This could involve obtaining a temporary restraining order (TRO) to halt potentially damaging work while the situation is reviewed. A TRO is often followed by a preliminary injunction, which may stop work until a full trial resolves the matter—a process that could take months or even years.
Read more: A Corporate Real Estate Due Diligence Checklist
Protecting Your Property and Rights
Disputes over the duty of lateral support can have far-reaching consequences for commercial property owners. Damage to structures, disrupted business operations, or lost tenants can quickly escalate into costly problems. Proactively addressing these issues can protect not only your property but also the financial health of your investment.
While every situation is unique, taking a measured and informed approach is key. Engaging experts, maintaining open communication, and seeking legal guidance when necessary can often resolve disputes quickly and cost-effectively.
At Hamlin | Cody, we understand the complexities of managing commercial properties and navigating disputes related to the duty of lateral support. Whether you’re planning a new development, addressing potential risks, or responding to neighboring construction, our experienced team is here to help. Protecting your investments and ensuring stability is our priority. Contact us today to learn how we can assist you in safeguarding your property and business.