Phillips & Angley Views on Excavation & Blasting Activities
As outlined by Jeffrey T Angley P. C, before beginning any kind of excavation project including tunneling and also blasting; developers and landowners will need to know the often-overlooked responsibility they owe to neighboring properties to avoid nuisance or negligence liability.
A landowner owes a duty of lateral-subjacent support to adjacent properties. As a result, all property owners have entitlement to expect to have that naturally occurring soil and water conditions, such as the lateral aid given by surrounding properties, will stay in their natural condition. This is a 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? Phillips & Angley 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 responsibility for landowners (or their contractors) that digs blast or tunnel on their land if they remove or damage the lateral assistance benefitting neighboring 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.
Hence, while excavation and similar progress is definitely not restricted, it does need a number of forethought, especially for the reason that disturbance with lateral assistance or conduct regarded a trespass or negligent can translate into money problems owed to affected properties.
Developers, contractors and adjoining landowners can take some precautions as mentioned below:
Overview and be aware of the suggested excavation plans ahead of permits are given, if possible, but certainly, previous to excavation gets started. This analysis will require the expertise and input of experienced geotechnical consultants and engineers. They are going to looking to determine whether the plans will hurt 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.
Identify that several adjoining property, structures and uses-such as towers and antennas anchored with person wires deep into the bedrock-may not have typical blasting criteria, which will allow for a safe blasting plan. This is where developers have to be particularly sensitive to different ways 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.
Overall, it is essential that almost any excavation or blasting task prevent disrupting or destroying the lateral support given 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.
To know much more about the Jeffrey T Angley P. C and real estate law, look at - Jeffrey T Angley at - http://www.phillips-angley.com/ourattys.html
Article Source - http://www.jeffreytangleypc.com/blog/2012/08/excavation-blastingactivities-the-duty-of-lateral-support.shtml