Fullerton, CA asked in Real Estate Law for California

Q: neighbors mcmansion basement excavation subsidence concerns, 10' deep only 7'6" from property line, have i any rights?

my neighboring property small bungalow was demoed so that they could build a 2 story mcmansion. It is currently an empty lot.

i just received a LADBS 30 day written notice of permit application for a basement excavation to the depth of 10 feet located only 7'- 6" from the property line. I am concerned about possible damage to my bungalow property as a result of this work, including subsidence. Do i have any rights in this matter? Will the permit department consider my concerns when making their decision or am i at the mercy of the developer?

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Redlands, CA
  • Licensed in California

A: You have the right of lateral support from your neighbor and if your land subsides because of the excavation, then you will be entitled to damages. But until your land subsides, you don't have any damages. Your neighbor is entitled to develop his property according to his building permits.

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