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Lateral support exists when the adjoining lands are side-by-side. It is the right of the land to be naturally upheld by its neighboring land(s) and supported against subsidence, i.e. slippage, cave-in or landslide. Subjacent support exists when the adjoining lands are above and below.
The right of lateral support is a common-law doctrine embodying the principle that the owner of land has a right in having their soil in its natural condition remain in its natural position without being caused to fall away by excavations or improvements made on adjoining land.
The right of a landowner to have his buildings supported by his neighbour's house or other structure.
'Adjoining dwelling-houses, adjoining flats, adjoining rooms for residential purposes and adjoining buildings are those in direct physical contact with another dwelling-house, flat, room for residential purposes or building. '
1 : to enter by gradual steps or by stealth into the possessions or rights of another. 2 : to advance beyond the usual or proper limits the gradually encroaching sea.
Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures.
How to Deal with Land Encroachment Legally?Permanent or Temporary Injunction. Injunction against Illegal Land Encroachment.Ex-parte Injunction. The justice system in India allows both parties equal opportunity to be heard and put their point across.Claim Damages.
To encroach is defined as to move into or invade someone else's space or territory. An example of encroach is when an army moves into another country's space little by little. To take another's possessions or rights gradually or stealthily. Encroach on a neighbor's land.
The key elements are usually the fence or other boundary, and the use of the land. Usually, the land must be used as a part of the holding to which it is being attached, for example if a garden adjoins the land, the land encroached upon would probably need to be used as a garden too, to stand a chance of being claimed.
The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property intentionally or otherwise.