Idaho § 55-309 RIGHT TO LATERAL AND SUBJACENT SUPPORT

Idaho Statutes

§ 55-309 — RIGHT TO LATERAL AND SUBJACENT SUPPORT

Idaho § 55-309

Title 55PROPERTY IN GENERAL

Ch. 3RIGHTS AND OBLIGATIONS OF OWNERS

This text of Idaho § 55-309 (RIGHT TO LATERAL AND SUBJACENT SUPPORT) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 55-309 (2026).

Text

Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjacent land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavation.

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Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjacent land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavation.

Legislative History

[(55-309) 55-310 R.S., sec. 2884; reen. R.C. & C.L., sec. 3092; C.S., sec. 5360; I.C.A., sec. 54-310; am. and redesig. 2025, ch. 65, sec. 10, p. 314.]