Massachusetts Real Estate License Practice Test

What is the minimum duration required for continuous use to establish a prescriptive easement?

1. 5 years

2. 10 years

3. 15 years

4. 20 years

The correct answer is: 20 years

The concept of a prescriptive easement in Massachusetts allows a party to gain the right to use someone else's land under certain conditions, primarily through continuous, open, and adverse use over a specific duration of time. In Massachusetts, the law requires continuous use for a minimum duration of 20 years to establish a prescriptive easement. This duration is significant because it reflects a long-term, established use that can be deemed accepted or tolerated by the property owner, even if there was no formal agreement. If someone uses a portion of another person's land openly and continuously for 20 years without the landowner's permission, they may then seek legal recognition of that use as a prescriptive easement. Understanding this time requirement is crucial for individuals and real estate professionals alike, as it emphasizes the importance of the duration of use in establishing legal rights over property that does not belong to them.