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California Subjacent Support

Updated on July 10, 2017

Everyone knows that real estate in California is quite valuable.  This is true for both the surface and the subsurface land.    Our Los Angeles based real estate attorneys also understand through years of litigating real estate disputes in California that interfering with a landowner’s rights can have serious consequences.  This could not be more true with respect to subjacent support.

Subjacent suport is the support of the surface by the underlying strata of the earth.  In other words, it is the right of the land to be supported by the land under it.  From a legal perspective, the owner of the surface land has an absolute right to the subjacent support.  That means that if someone other than the surface owner owns the land under the top level the lower (subsurface) owner has an absolute duty to make sure the surface remains supported.

Unlike other areas of the law, any person who removes subjacent supports remains liable for the damage caused by the subsidence even though the damage may not occur until after he or she has transferred the subsurface ownership rights.  Plants v. Sacramento Northerny Ry. (1988) 205 Cal. App. 3d 1025.

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Our real estate lawyers have substantial experience with all sorts of real estate disputes in California.   Over the past 10 years we have seen some of the strangest factual scenarios as well as many common factual scenarios.  For help with your California real estate dispute contact us today.

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