| Commentary

16 Support for buildings

| Commentary

16 Support for buildings

The inherent or natural right of support extends to the support of the surface in its natural state. If there are buildings on the surface, any right of support which is claimed for them is an easement which must have its origin in a grant, express or implied, or have been acquired by prescription under the Prescription Act 18321. In respect of buildings existing at the time of severance of the surface and minerals, a grant of the right of support for the buildings will be implied in a conveyance of the land excepting

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