New South Wales Consolidated Acts
[Search this Act]
CONVEYANCING ACT 1919 - SECT 177
Duty of care in relation to support for land
177 Duty of care in relation to support for land
(1) For the purposes of the common law of negligence, a duty of care exists in
relation to the right of support for land.
(2) Accordingly, a person has a
duty of care not to do anything on or in relation to land (the
"supporting land" ) that removes the support provided by the supporting land
to any other land (the
"supported land" ).
(3) For the purposes of this section,
"supporting land" includes the natural surface of the land, the subsoil of the
land, any water beneath the land, and any part of the land that has been
(4) The duty of care in relation to support for land does not
extend to any support that is provided by a building or structure on the
supporting land except to the extent that the supporting building or structure
concerned has replaced the support that the supporting land in its natural or
reclaimed state formerly provided to the supported land.
(5) The duty of care
in relation to support for land may be excluded or modified by express
agreement between a person on whom the duty lies and a person to whom the duty
(6) Any such agreement:
(a) has effect in relation to any agent of
the person on whom the duty lies, and
(b) has effect in relation to any
successor in title of the supported land if the agreement is embodied in a
registered easement for removal of support relating to that land.
right to agree to the removal of the support provided by supporting land to
supported land is a right of the kind that is capable of being created by an
(8) Any right at common law to bring an action in nuisance in
respect of the removal of the support provided by supporting land to
supported land is abolished by this section.
(9) Any action in negligence
that is commenced after the commencement of this section in relation to the
removal of the support provided by supporting land to supported land may be
wholly or partly based on something that was done before the commencement of
this section. However, this subsection does not operate to extend any period
of limitation under the Limitation Act 1969 .
(10) This section extends to
land and dealings under the Real Property Act 1900 .
(11) This section does
not apply in relation to any proceedings that were commenced before the
commencement of this section.
(12) A reference in this section to the removal
of the support provided by supporting land to supported land includes a
reference to any reduction of that support.
(13) This section binds the Crown
in right of New South Wales and, in so far as the legislative power of the
Parliament of New South Wales permits, the Crown in all its other capacities.
AustLII: Copyright Policy