Tunstall v. Christian

Citations

• 80 Va. 1
• 1885 Va. LEXIS 33

Syllabus

<p>1. LAND-S7i75J'orl-Source of r~çh1~-The right to support for land in its natural condition, from subjacent and adjacent soil, is ax ji~re nalura', not dependant on grant, and not acquirable by prescription.</p> <p>2. BUILDINGS-SUftJ~O7-1-EaSemefl1 a~quzrab1e.-The right to support for artificial burdens on land is an easement acquirable only by grant, express or implied; and neither this right nor the right to light and air can, in America, be acquired by prescription. Secus in England.</p> <p>~. IDEM-Ia'em--Zmplzed.--The right to support for artificial burdens on land may be implied from circumstances, e. g.: where houses needing each the other's support are built by same owner, and one is granted without stipulations to the contrary. But this implied right is confined to the staz'us quo at time of grant, and extends not to increased burdens upon the so 1.</p> <p>4. Inmj-Idem-C'ase at bar.-L owned two lots, with light wooden buildings, adjoining each other. By purchase B acquired one By devise C acquired the other. The house on C's lot was burned. A similar one was built, and also burned, and was replaced by a three-story brick house, requiring a greatly-enlarged excavation. B afterwards removed his wooden house to rear an immense structure, requiring a deep excavation, and notified C to protect his property from injury by reason thereof. C obtained an injunction restraining B from excavating' within ten feel of his foundation.</p> <p>Held :</p> <p>1. C possesses no right, express or implied to support for his building from the soil of B.</p> <p>2. B’s failure to object to or his acquiescence in C’s erecting his building, on his own land, does not estop B from denying C’s right to support for that building from B’s soil.</p> <p>3. B is bound to use reasonable care and skill in making his excavation and erecting his structure, and is answerable for all damage done C by failing to use the same.</p> <p>4. It would seem reasonable to require one about to endanger a n