Charless v. Rankin

Although every proprietor of land has a right to the support of the soil of an adjacent lot, as a natural servitude or easement, yet this servitude does not impose upon the adjoining proprietor the obligation of furnishing an increased support where lateral pressure is increased by the erection of buildings, unless such a right of servitude has been conferred by grant or the lapse of time. Where excavations are made upon one of two contiguous lots, the proprietor making the same will be responsible for all damage caused to buildings or other property upon the adjoining lot by reason of such excavation having been negligently made. Leavenworth Lodge v. Byers

The general principle is, that every owner of a lot, building or other real estate has absolute dominion over his own property, but the right of an owner of a lot or building to take down or change any foundation, wall, or other part thereof, without being answerable for the consequent injury to his neighbor's house or building, is subject to the qualification that he must exercise due care and skill, and that he will be liable in damages, if the injury to his neighbor is occasioned by the negligent and unskillful manner in which the work is performed. Shcultz v. Byers

Excavation by an owner on his own land, adjoining another's building, causing damage, without his knowledge or previous notice to him, is evidence of want of care in doing the work. Lasala v. Holbrook

The complainants' church was not entitled to any special protection against the consequences of the present proceedings of the defendant, either by prescription, or by grant from the owners of the adjacent lot upon which the excavation was going on. And as the defendant and his workmen are in the exercise of reasonable care and skill in the erection of his building, and in laying the foundations thereof, the complainants must adopt such course as will secure their church against the dangers to which it is exposed.