Right Of Support

When properties share a boundary, there is a mutual right of support for both the land and buildings involved. This right extends to buildings connected to or reliant on adjacent support, as well as to the land itself. Consequently, any works undertaken on the land, buildings, retaining walls, excavations, or demolition activities must ensure the preservation of the adjoining properties’ support rights.

Support can be either ‘subjacent’ (from below) or ‘adjacent’ (from the neighbouring property).

The natural right to support is inherent to land and cannot be revoked. Withdrawal of support leading to subsidence may result in claims for damages. However, this inherent right does not automatically extend to buildings.

When one party imposes an additional burden on the land, such as constructing upon it, no natural right of support exists, but it can be obtained through various means:

• Express grant, as detailed in conveyance or transfer deeds.
• Implied grant or reservation, evident in the separation of properties where such rights were intended or mutual.
• Prescription, where the burden has persisted for 20 years or more.

The acquisition of this ‘easement’ (a right over another’s land) cannot be prevented.

The Party Wall, etc. Act outlines a procedure for conducting work on walls, boundary structures, party floors, and excavations within 3 or 6 metres of a neighbouring building or structure (depending on depth). It mandates that those carrying out such works must notify adjoining owners of their intentions and provides procedures if agreement is not reached. For more details, refer to the Party Wall Act.