Injunction is an equitable relief granted in cases with causes of action based on lateral support.  The plaintiff will have to show irreparable damage for a grant of injunction.[i]  Injunction is also granted in cases where the court feels that a mere award of expenses incurred by the plaintiff to the time of the trial would not give him/her adequate relief.[ii]

Although courts generally tend to grant injunction relief, it is the discretion of the court to deny or grant the plaintiff landowner’s request for injunctive relief requiring the adjoining landowner to restore lateral support.[iii]  Instead of awarding injunctive relief, courts may award plaintiff monetary damages for diminution of value.  Injunction relief is denied by courts in following situations:

• when the cost of the restoration far exceeds the diminution in value;
• when the award for the diminution in value adequately compensates plaintiffs; and
• when part of the restoration would require the defendant to perform work on the plaintiffs’ property which could lead to future disputes between parties.[iv]

In Gorton v. Schofield, 311 Mass. 352(1942), the plaintiff filed an action to compel the defendant adjoining landowner to rebuild or repair a retaining wall on defendant’s land.  The retention wall in the defendant’s property provided lateral support to plaintiff’s land.  While deciding on this case the court observed: “The right of an owner of land to the support of the land adjoining is jure naturae, like the right in a flowing stream.  Every owner of land is entitled, as against his neighbor, to have the earth stand and the water flow in its natural condition, and in the case of land, which is fixed in its place, each owner has the absolute right to have his land remain in its natural condition, unaffected by any act of his neighbor; and, if the neighbor digs upon or improves his own land so as to injure this right, may maintain an action against him, without proof of negligence.”

The Gordon court granted injunctive relief to the plaintiff by requiring the defendant to repair the retaining wall so that plaintiff’s land would not be further damaged.

[i] Gorton v. Schofield, 311 Mass. 352(1942).

[ii] Id.

[iii] Franc v. Bethel Holding Co., 73 Conn. App. 114(2002).

[iv] Id.