Legal Question in Real Estate Law in Ohio

My neighbor dug up our boundary line and installed a cement wall. In doing so all the dirt under my cement driveway fell away and my cement is now crumbling. Is he allowed to do this?


Asked on 4/10/14, 7:14 am

1 Answer from Attorneys

John Sauter Cloppert, Latanick, Sauter & Washburn

Your question implicates the property law doctrine of lateral support. Generally speaking, a landowner has a legally enforceable right to lateral support from an adjoining landowner. If the adjoining landowner does something to his property that causes damage to a neighbor's property, the adjoining landowner can be found liable in strict liability or in negligence, depending on whether the affected property was unimproved and in a natural state, or improved, respectively.

Consult with an attorney in your area who is well-versed in property law. This post should not be considered legal advice and no attorney-client relationship was formed through this general answer.

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Answered on 4/11/14, 6:48 am


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