Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Under Section 7 of the Indian Easements Act, 1882, every owner of immovable property has a right to lateral support from neighboring land. This right is defined as "the right of every owner of land that such land, in its natural condition, shall have the support naturally rendered by the subjacent and adjacent soil of another person".
Key aspects of lateral support rights:
The land must be "in its natural condition" - meaning it is not excavated and not subjected to artificial pressure
The extent of lateral support is limited to what is required for the dominant land "in its natural condition"
Additional support is not required for additional constructions or burdens placed on the dominant land
Illustrations from the Act:
A Railway Company acquiring land is entitled to lateral support from adjoining land as essential for the safety of the siding
In building partitions, each owner is entitled to lateral support from the other's building
