sec.179Duty of care in relation to support for land

### sec.179 Duty of care in relation to support for land For the common law of negligence— the owner of supporting land owes a duty of care to the owner of supported land not to do or omit to do anything that adversely affects the support provided by the supporting land to the supported land; and the owner of supported land owes a duty of care to the owner of supporting land not to do or omit to do anything that adversely affects the support provided by the supporting land to the supported land. Subsection (1) applies— whether or not the supporting land and supported land share a common boundary; and to any support, whether from structures anywhere on the land or on a common boundary. The duty of care may be excluded or modified by express agreement between a person on whom the duty lies and a person to whom the duty is owed. If an agreement under subsection (3) is embodied in an easement registered under the Land Title Act 1994 , the agreement binds the parties to the agreement and each of their successors in title. The right at common law, if any, to bring a proceeding in nuisance in relation to acts or omissions that adversely affect the support provided by supporting land to supported land is abolished. In this section— adversely affect , support provided by supporting land to supported land, includes reduce or remove support. owner , of supporting land or supported land, includes a mortgagee or receiver in possession of the land if the mortgagee or receiver has exclusive management and control of the land. supported land means land, including a structure on the land, that is provided with support by supporting land. supporting land means land, including each of the following aspects of the land, that provides support to supported land— the natural surface of the land; the subsoil of the land; the water, if any, on or beneath the land; a part of the land, if any, that has been reclaimed; a structure on the land. (sec.179-ssec.1) For the common law of negligence— the owner of supporting land owes a duty of care to the owner of supported land not to do or omit to do anything that adversely affects the support provided by the supporting land to the supported land; and the owner of supported land owes a duty of care to the owner of supporting land not to do or omit to do anything that adversely affects the support provided by the supporting land to the supported land. (sec.179-ssec.2) Subsection (1) applies— whether or not the supporting land and supported land share a common boundary; and to any support, whether from structures anywhere on the land or on a common boundary. (sec.179-ssec.3) The duty of care may be excluded or modified by express agreement between a person on whom the duty lies and a person to whom the duty is owed. (sec.179-ssec.4) If an agreement under subsection (3) is embodied in an easement registered under the Land Title Act 1994 , the agreement binds the parties to the agreement and each of their successors in title. (sec.179-ssec.5) The right at common law, if any, to bring a proceeding in nuisance in relation to acts or omissions that adversely affect the support provided by supporting land to supported land is abolished. (sec.179-ssec.6) In this section— adversely affect , support provided by supporting land to supported land, includes reduce or remove support. owner , of supporting land or supported land, includes a mortgagee or receiver in possession of the land if the mortgagee or receiver has exclusive management and control of the land. supported land means land, including a structure on the land, that is provided with support by supporting land. supporting land means land, including each of the following aspects of the land, that provides support to supported land— the natural surface of the land; the subsoil of the land; the water, if any, on or beneath the land; a part of the land, if any, that has been reclaimed; a structure on the land. - (a) the owner of supporting land owes a duty of care to the owner of supported land not to do or omit to do anything that adversely affects the support provided by the supporting land to the supported land; and - (b) the owner of supported land owes a duty of care to the owner of supporting land not to do or omit to do anything that adversely affects the support provided by the supporting land to the supported land. - (a) whether or not the supporting land and supported land share a common boundary; and - (b) to any support, whether from structures anywhere on the land or on a common boundary. - (a) the natural surface of the land; - (b) the subsoil of the land; - (c) the water, if any, on or beneath the land; - (d) a part of the land, if any, that has been reclaimed; - (e) a structure on the land.