Legal Definitions - continuous easement

A continuous easement is a legal right that allows someone to use another person's land in a way that is constant and self-operating, without requiring any active human intervention to maintain its use. It refers to a permanent condition or structure on the land that provides a continuous benefit or burden.

Here are some examples to illustrate this concept:

• Underground Utility Lines: Imagine a situation where a municipal water company has an underground pipeline running across a private homeowner's backyard. This pipeline continuously carries water to other properties in the neighborhood.

  How it illustrates the term: The water pipeline is a permanent fixture that continuously performs its function (transporting water) without needing anyone to actively operate it on that specific property. Its presence and operation are constant and observable, making it a continuous easement.

• Overhanging Building Eaves: Consider a commercial building whose roof eaves legally extend a few feet over the adjacent property line of a neighboring business. This overhang has been in place for many years and is a recognized right.

  How it illustrates the term: The overhanging eaves are a fixed part of the building that continuously extend over the neighbor's land. They don't require any active use or action to maintain their presence or the right to be there, thus representing a continuous easement.

• Natural Water Flow/Drainage: A property owner has a legal right for rainwater to continuously flow from their land, across a specific part of a neighbor's property, and into a public storm drain. This natural drainage pattern has been established and recognized for a long time.

  How it illustrates the term: The right for water to continuously flow across the neighbor's land is a constant condition. It doesn't require human action to initiate or maintain the flow; it happens naturally due to gravity and rainfall, making it a continuous easement.