subject: Jeffrey T Angley P. C Regarding The Excavation & Blasting Activities [print this page] A landowner owes an obligation of lateral-subjacent help to neighboring properties. Therefore, all property owners have entitlement to expect to have that naturally occurring soil and water conditions, such as the lateral service given by adjoining properties, will stay in their natural status. It is really an natural property right.
However, what happens when a parcel of land needs to be excavated for development? Are there consequences for or considerations to be made by the developer or landowner? Jeffrey T Angley P. C says, of course, is yes. The reason for this is that it is well settled that for an excavation causing an injury to the soil of an adjoining owner in its natural state an action will lie, but that no recovery will be allowed in the absence of negligence or a direct trespass for an injury to structures by excavating the adjoining land.
There will be strict accountability for landowners (or perhaps their contractors) that digs blast or tunnel on their land if they eliminate or injure the lateral support benefitting adjoining property and cause damage to the land in its natural state.
When it comes to removal of bedrock for development, certain methods of excavation and blasting are more destructive than others. This depends on the nature of the project site in relation to its surroundings. For example, shock waves, vibrations, and cracks and fissures in the bedrock extending beyond the property line-are just some of the potential consequences of blasting. This can create an unsafe and hazardous situation for adjoining properties, and potentially subject the developer and/or landowner to claims of nuisance and negligence from adjoining property owners.
For this reason, while excavation and related progression is certainly not restricted, it will need several focus, mainly for the reason that disturbance with lateral assistance or conduct viewed as a trespass or negligent can lead to money damages owed to affected properties.
Developers, contractors and adjoining landowners can take some precautions as mentioned below:
Evaluate and comprehend the recommended excavation plans prior to permits are issued, if possible, but certainly, well before excavation takes place. These overviews need the expertise and input of skilled geotechnical experts and engineers. They are going to looking to determine if the plans will damage adjoining properties.
For projects requiring blasting, consider alternative methods of excavation and mitigation in light of the proximity of surrounding properties, buildings and uses. There are often less intrusive methods of excavation available to developers that could help avoid the potential for negligence.
Realize that certain adjoining buildings, structures and uses-such as towers and antennas anchored with person wires deep into the bedrock-may not have standard blasting criteria that will enable for a reliable blasting plan. This is where developers have to be particularly sensitive to alternative methods of excavation.
Developers and contractors must remember that it is no defence to a valid nuisance claim that their conduct was under the guise of a duly issued permit. Their conduct, notwithstanding the town or city's approval, can still result in a lawsuit if it substantially and unreasonably interferes with another landowner's use and enjoyment of his land.
It is essential that any sort of excavation or blasting venture avoid disrupting or destroying the lateral assistance presented to neighboring properties.
Disclaimer: The information contained in this article is general in nature and for educational purposes only. No personal legal advice is being provided. If you have an actual legal issue that needs to be addressed, you should seek the advice of competent legal counsel.
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