Which type of easement may become protected by law if used regularly over a statutory period?

The type of easement that may become protected by law if used regularly over a statutory period is the easement by prescription. An easement by prescription arises when an individual uses someone else's property in a way that is open, notorious, continuous, and adverse to the interests of the property owner, typically for a statutory period defined by state law.

The statutory period varies by jurisdiction but generally ranges from 5 to 20 years. If these conditions are met, the user can acquire the right to continue using that portion of the property as an easement, even if the property owner did not grant permission for that use. This type of easement solidifies legal rights based on long-term use rather than a formal agreement between parties.

In contrast, an easement in gross is personal to an individual or entity and does not attach to the land itself; it does not become an easement by prescription based on use. A personal-use easement is typically established through an agreement and is not derived from usage over time, while a party wall easement pertains to shared structures and does not rely on the passage of time for establishment. Thus, the easement by prescription specifically encompasses the idea of protection by long-term use, making it the correct answer.