the right of a land- owner to assurance that his/her neighbor's land will provide
support against any slippage, cave-in or landslide. Should the adjoining owner excavate
into the soil for any reason (foundation, basement, leveling) then there must be
a retaining wall constructed (or other protective engineering) to prevent a collapse.
A classic example a developer excavated into a hill along both the western and southern
lines to create a pad for an apartment building and delayed putting in the retaining
wall. Cracks appeared in the buildings next to the digging site, and the owners
filed a lawsuit asking for an injunction to require the developer to build a wall.
The judge so ordered, but the cave-in occurred anyway, the neighboring buildings
toppled into the hole, and, in the subsequent lawsuit by the owners of the neighboring
fallen buildings, the developer had to pay the entire value of the buildings which
were destroyed. Most lateral support problems are less dramatic.
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