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Subsidence and Property Rights: Addressing Ground Movement Issues in California

By Peterson Law Group on March 11, 2025

Land subsidence is a phenomenon that occurs from the gradual sinking or sudden collapse of the ground’s surface. It’s an increasingly common issue across California that’s typically caused by groundwater extraction, oil and gas operations, seismic activity, and even natural settling.

For California property owners, subsidence isn’t just a geological curiosity—it’s a legal and financial threat. Cracks in foundations, tilted buildings, broken pipelines, and surface collapse can lead to substantial property damage, reduced land value, and complex disputes over liability.

At Peterson Law Group PC, we have decades of experience representing property owners in land-related disputes across California. Our legal team understands the intricate intersection of geology, land use, and liability, and we know how to navigate the state’s evolving legal standards to protect property rights.

What Is Land Subsidence?

Land subsidence refers to the downward movement of the earth’s surface due to underground material movement. In California, the most common causes include:

• Excessive groundwater pumping, particularly in agricultural regions like the Central Valley;
• Oil, gas, and mineral extraction;
• Faulty grading or compaction during construction;
• Natural settlement following excavation or fill;
• Seismic activity disrupting soil structures.

Subsidence can be uniform or uneven (differential settlement), and uneven subsidence is more destructive. Ground movement may crack walls and foundations, rupture pipes and utility lines, compromise roads, and damage nearby properties.

How Subsidence Affects Property Rights

When land subsides, property owners may lose more than structural integrity—they may lose the use and value of their land. In severe cases, entire lots can become unbuildable or unsafe. Subsidence can also trigger boundary disputes when land shifts or drops unevenly between neighboring parcels.

Property owners have a legal right to support from adjoining land. If that support is removed either by excavation, development, or water depletion, the responsible party may be liable. This makes subsidence not just a physical concern but a property rights issue.

Legal Frameworks Protecting Property Owners

Strict Liability for Withdrawal of Support

Under California law, if a party removes lateral or subjacent support (such as soil or water beneath the surface) and causes damage to neighboring property, they may be strictly liable, even without negligence.

This doctrine applies when:

• Excavation near a property line undermines soil stability;
• Water pumping causes surrounding land to sink;
• Oil or mineral extraction triggers collapse.

Strict liability means victims do not have to prove the responsible party acted carelessly—only that their actions caused the subsidence and resulting damage.

Nuisance and Trespass Claims

Subsidence may give rise to private nuisance or trespass claims if ground movement invades or impairs the enjoyment of adjacent land. For example, subsidence-induced flooding or dust movement can qualify as interference with the property owner’s rights.

Inverse Condemnation

When a government agency’s actions or inaction cause ground movement, such as poorly designed drainage systems or excessive groundwater extraction by public utilities, affected landowners may file inverse condemnation claims.

This is a powerful legal remedy that does not require proof of fault. Instead, if the government caused or substantially contributed to the damage, and the land was harmed in a way akin to a taking, compensation may be owed.

At Peterson Law Group PC, we have extensive experience bringing inverse condemnation claims on behalf of California landowners.

Proving Subsidence and Its Impact

To succeed in a claim related to subsidence, property owners typically need to provide evidence of:

• Causation: Linking the subsidence to a specific action or entity (e.g., water pumping by a utility).
• Extent of Damage: Engineering assessments, repair estimates, and property appraisals.
• Duty and Breach: In negligence-based cases, showing that the responsible party failed to act with reasonable care.

Experts such as geotechnical engineers, hydrologists, and appraisers are essential in building a strong case. Our firm works with trusted professionals to document and substantiate the claims of our clients.

Legal Remedies for Victims of Subsidence

California law offers several legal remedies for property owners affected by subsidence:

Compensatory Damages

If your land or structures were damaged by subsidence, you may be entitled to:

• Repair or restoration costs
• Loss of use or rental income
• Diminished property value
• Relocation expenses (if the property is uninhabitable)

Injunctive Relief

In ongoing subsidence cases, courts may issue orders to stop or modify the behavior causing the ground movement, such as halting further extraction or requiring engineering fixes.

Declaratory Relief

For property owners seeking clarity on liability or the scope of easements, declaratory relief can define responsibilities and obligations going forward.

Tips for Property Owners

If you notice signs of subsidence, such as cracked foundations, sloped floors, or visible sinking, take these steps:

1. Document Immediately: Take photos, videos, and notes detailing the damage.
2. Retain Experts: Consult a geotechnical engineer or structural expert to assess the issue.
3. Notify Neighbors or Utilities: If you suspect nearby activity is to blame, put them on notice.
4. Check Your Title and Easements: Subsidence issues can intersect with utility access or mineral rights.
5. Consult an Attorney: Navigating California land subsidence law requires skill and strategy. Early legal guidance can make all the difference in protecting your rights and property value.

Reasons to Choose Peterson Law Group PC

With decades of experience, Peterson Law Group PC is one of California’s premier firms in land use, property damage, and inverse condemnation litigation. Led by John S. Peterson, a seasoned trial attorney and member of the American Board of Trial Advocates, our firm has earned recognition from Best Lawyers and the Multi-Million Dollar Advocates Forum.

Our Los Angeles subsidence attorneys understand how to turn complex land movement issues into clear, compelling legal cases. We’ve represented clients across California in disputes involving developers, utilities, municipalities, and private parties.

When your property is at risk, we deliver the insight and advocacy needed to protect what matters most.

Talk to a California Subsidence and Property Rights Lawyer Today

If your home or land has been affected by subsidence or ground movement, don’t wait. Legal remedies are time-sensitive, and early action can help preserve evidence and position your claim for success.

Contact the Peterson Law Group PC office in Los Angeles at (213) 319-4993 to learn more today.