KembaraXtra - Legal Terms - Right of Support

A right of support is an easement that entitles one parcel of land or building to receive physical support from neighbouring land or structures. The right protects buildings that rely upon adjoining structures for stability. It benefits the dominant tenement while burdening the servient tenement. Rights of support frequently arise between adjoining buildings. They are important in both residential and commercial property law.

One form of the right concerns buildings supported by neighbouring buildings. Semi-detached houses commonly possess mutual rights of structural support because each building depends partly upon the adjoining wall. Removal or weakening of that support may constitute an actionable interference. Property owners must therefore exercise care when carrying out alterations. Structural changes affecting neighbouring properties often require legal consideration.

A separate concept concerns the natural support of land. Every landowner possesses a natural right to have land supported in its natural state by adjoining land. If excavation removes that support and causes subsidence, liability may arise. Different rules apply where buildings increase the load upon the land. The law distinguishes between support for natural land and support for buildings.

Rights of support may arise expressly by deed, by implication, or through long use. Once established, they bind successive owners of the affected properties. Where interference occurs, the injured landowner may seek an injunction, damages, or both. Expert engineering evidence is often required in disputes. Courts assess whether sufficient support has been removed to cause legal injury.

The doctrine of support promotes stability between neighbouring landowners. It prevents one owner from damaging another’s property through excavation or structural alteration. Modern construction projects frequently require investigation of existing support rights before work begins. Developers often obtain specialist legal and engineering advice. The right of support therefore remains a vital aspect of land law.