Define: Subjacent Support

Subjacent Support
Subjacent Support
Quick Summary of Subjacent Support

Subjacent support is the foundation or base that provides stability and prevents collapse of a structure or building. It is comparable to the legs of a table, as it holds up the weight of the structure above it.

Full Definition Of Subjacent Support

Subjacent support is the support provided to a structure by the ground or soil beneath it. It is the support directly below the structure, such as a building with a strong foundation. The foundation distributes the weight evenly across the ground, ensuring the building can stand upright and not collapse. Another example is a bridge with pillars anchored into the ground beneath a river, providing subjacent support. This support is essential for the stability and safety of structures, allowing them to withstand natural forces and their own weight.

Subjacent Support FAQ'S

Subjacent support refers to the legal right of a landowner to have their land supported by the underlying soil or rock. It ensures that the land remains stable and prevents any damage or collapse.

The owner of the land above is responsible for providing subjacent support. They must ensure that their land is properly supported and take necessary measures to prevent any subsidence or collapse.

If there is a failure of subjacent support, the landowner may experience subsidence or collapse of their land. In such cases, they may have legal recourse against the party responsible for providing subjacent support.

Yes, a landowner can be held liable for a failure of subjacent support if they have neglected their duty to maintain the stability of their land. They may be responsible for any resulting damages or injuries.

No, a landowner cannot refuse to provide subjacent support. It is their legal obligation to ensure the stability of their land and failure to do so may result in legal consequences.

Yes, a landowner can claim compensation for damages caused by a failure of subjacent support. They may file a lawsuit against the responsible party to recover the costs of repairs, loss of property value, or any other related damages.

Yes, a neighboring property owner can be held responsible for a failure of subjacent support if their actions or negligence have contributed to the instability of the land. In such cases, they may be liable for any resulting damages.

Legal remedies for a failure of subjacent support may include filing a lawsuit for damages, seeking an injunction to compel the responsible party to provide support, or negotiating a settlement agreement.

In some cases, a landowner may voluntarily waive their right to subjacent support through a legal agreement or contract. However, such waivers are subject to specific legal requirements and may not be enforceable in all situations.

The laws and regulations governing subjacent support may vary depending on the jurisdiction. It is advisable to consult with a qualified legal professional familiar with local laws to understand the specific requirements and obligations related to subjacent support.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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