Commentary

20.1 Rights of surface owner at common law on removal of support

MINES, MINERALS AND LANDFILL vol 26(3)
| Commentary

20.1 Rights of surface owner at common law on removal of support

| Commentary

20 Subsidence (other than coal)

20.1 Rights of surface owner at common law on removal of support

A surface owner who has a right of support from underlying strata may maintain an action against anyone removing that support so as to cause damage by subsidence. The action is not founded on negligence but arises from the invasion of the surface owner’s right1. It is the occurrence of the damage, not the withdrawal of support, which gives rise to the cause of action2. If the instrument of severance gives a power to withdraw support on payment of

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