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Protection of Buildings; Shoring and Underpinning

Generally, an excavator is not obliged to protect buildings or other structures on adjoining premises by supporting them or shoring them up unless there is a statute or agreement in place.  There lies no duty to protect adjoining buildings by underpinning or shoring if the excavator exercised reasonable care in removing lateral support.  An owner of the property is bound to shore or prop up his or her own building so as to render it secure during the progress of an excavation on adjoining property, failure to which may amount to contributory negligence.  There exists a common law right for an adjoining landowner to go on the excavator’s land to shore up his or her buildings.  Similar rights correspond over the excavating owner to go on the adjoining land to shore up the property.

Inside Protection of Buildings; Shoring and Underpinning