An easement that comes from continuous use over time is called what?

An easement that arises from continuous use over time is known as a prescriptive easement. This type of easement is established when an individual uses another person's property for a certain period without permission and in a manner that is open, notorious, and continuous. In Massachusetts, as in many other jurisdictions, the law typically requires that this use be uninterrupted for a set number of years to qualify for a prescriptive easement.

The concept hinges on the notion that if someone uses a section of land consistently and meets the legal criteria, they may gain a right to continue using that land even without the original owner's permission, effectively creating a legal easement. This is important as it underscores the principle that rights can be acquired through long-standing use rather than formal agreements or documents.

Other types of easements, like appurtenant easements and express easements, are created through agreements or deeds, while implied easements arise from necessity rather than continuous use. Hence, the significance of prescriptive easements lies in their foundation in continuous, prolonged use which legally grants rights that otherwise may not exist.