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Your neighbour can not infringe your house/building's right to support |
A recent amendment to the Conveyancing Act 1919 has replaced the common law right to support with a statutory duty of care. |
Under the new s 177, a duty of care exists in relation to the right of support for land. A person now has a statutory duty of care not to do anything on their land ("the supporting land") that will remove the support provided by that land to any other land ("the supported land"). |
It is important to note that this duty applies not only to removing the support provided by the supporting land but also to any reduction of that support. |
A landowner must exercise care and diligence, keeping in mind the duty of care they owe to supported land. If the duty is breached, the owner of the supported land can commence an action in negligence. |
