Q:The title to our land confirms that our land and adjoining property benefit from rights of support from each other. We plan to redevelop our site and the neighbour has raised concerns our plans will infringe the rights of support. What is our position?

Nov. 1, 2002
Rights of support are often infringed by a developer not only through the removal of support of land and/or buildings on the neighbouring land but also through putting additional burden on neighbour&amp;’s land or buildings by constructing additional buildings next door. Whether the extra buildings have actually infringed the right of support will often be a question for expert surveyor consideration. We suggest you should instruct a surveyor who is expert in this field immediately.<p></p><p>Simply increasing the burden on the next door property by the construction of additional buildings will not infringe the right of support in itself. But if the additional burden would impose a substantial addition or restriction of the use to which the next door property could be put, this may well infringe the right of support.</p><p></p>

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