The principal nuisances directly affecting lands and buildings are those consisting in violations of the right of support. Every owner of land has a right, against the adjoining owners of land to what is known as the lateral support of his ground while in its natural condition. If the owner of land excavates the earth on his land so closely to the boundary land, as to cause his neighbor's land to cave in, he is liable for the resulting damages.44 This liability does not exist, however, if the falling of the earth was due to a superincumbent weight placed upon the plaintiff's premises.45 If there are buildings, but the soil would have sunk by its own weight, without such buildings, there may be a recovery.46 The right to lateral support by contiguous buildings is not a natural right, and where it exists, is based upon grant, reservation, or prescription.47

41 Marton vs. Moore, 15 Gray (Mass.), 573; Hayden vs. Tucker, 37 Mo., 214.

42 Blackstone Comm., 216, followed in Payne vs. Kansas, etc., R. Co., 46 Fed. Rep., 552; Bonner vs. Welburn, 7 Ga., 311. It has been said that by "hurt or annoyance", in this definition is meant not a physical injury necessarily, but an injury to the owner or possessor thereof, as respects his dealing with, possessing or enjoying them." Cooley on Torts, 2nd Ed., 565. Kavanagh vs. Barber, 131 N. Y., 211; Ellis vs. Kansas City, etc R. Co., 63 Mo, 131, 21 Am. Rep., 436. 43 See comparison between Trespass, Waste, and Nuisance, Section 44.

The encroachment either of roots, or branches of trees upon another's land is a nuisance, which may always be abated by cutting away such roots or branches,48 and which will furnish the basis for an action in tort where real damage results.49