Table of Contents

Terms of reference

Participants

Summary of Recommendations

1. INTRODUCTION

THE REFERENCE

DISCUSSION PAPER 27

PROBLEMS WITH THE LAW OF SUPPORT

Common law unsuited to modern conditions

Legislative intervention piecemeal and unsatisfactory

Anomalies in application of the law

2. THE LAW OF SUPPORT IN NEW SOUTH WALES

RIGHT TO SUPPORT FROM ADJOINING LAND

Support to land

Support to buildings

Prescription or grant

STATUTORY RIGHT TO SUPPORT OF AND ADJOINING BUILDING

RIGHT TO SUPPORT BY WATER

3. ISSUES

NUISANCE

The trouble with nuisance

A tort of strict liability?

Disadvantages of a strict liability regime

THE RULE IN DALTON v ANGUS

NEGLIGENCE

Physical versus non-physical damage to land

LIABILITY FOR INDEPENDENT CONTRACTORS

4. REFORM OF THE LAW OF SUPPORT

OPTIONS PROPOSED IN DP 27

THE COMMISSION'S APPROACH

LIABILITY BASED ON NEGLIGENCE

THE COMMISSION'S RECOMMENDATIONS

Features of a proposed right to support in negligence

Duty of care

Foreseeability

Structures built below land surface

No need for common boundary

Support agreements

Applicable to all forms of title

Persons owing duty of care

Independent contractors

Appendix A: Submissions Received

Appendix B: Draft Bill