What does the term “subjacent support” refer to?

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The term “subjacent support” refers to the legal principle that a property owner has the right to ensure that their land is stable and not undermined by activities occurring beneath it, such as excavation or mining. This concept primarily applies to real property rights, where one landowner has the right to support for their land from the land below it. If the subsurface activities weaken or destabilize the soil or foundation of a property, it can lead to significant structural issues.

This principle is important in real estate law as it protects landowners from the potential negative impacts of adjacent land use that could compromise the integrity of their own property. Therefore, recognizing the right to ensure that a lot is not destabilized from above highlights an essential aspect of property rights and land use regulation in Massachusetts and beyond. The other options reflect different aspects of property rights, such as airspace, landscaping, and drainage, but do not pertain specifically to the concept of support from below.

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