An excavator must give due and reasonable notice in writing to the owners of adjoining
lands and buildings and other structures stating the depth of the excavation.
If the excavation is to be of a depth of less than 8 feet, the adjoining owner must be
allowed a reasonable amount of time to protect his property from any damage. If the
excavator does not provide notice to adjacent landowners, he is liable for any land or
There is no liability for damage done to any building or other structure that is not
provided within the statute (owners of adjacent lands, buildings, and tenants). This
eliminates the common law idea of non-adjacent or “near by” neighbors
If the excavation is to be deeper than 8 feet, he must protect the adjoining land and
building without cost to the adjacent owner and will be liable for any damages to land or
An excavator is also liable to any occupants or tenants who may incur damages.
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