Define: Prescriptive Easement

Prescriptive easement is a legal concept that allows an individual to gain a right to use someone else’s property without the owner’s permission through continuous, open, and uninterrupted use over a specified period of time. The use must be adverse, meaning it is without the owner’s consent and in a manner that is inconsistent with the owner’s rights. To establish a prescriptive easement, the individual seeking the easement must demonstrate that their use of the property meets the legal requirements for adverse possession, including a statutory period of continuous use, typically ranging from several years to decades, depending on the jurisdiction. Once the requirements are met, the individual may acquire a legally enforceable right to continue using the property in the same manner as before. Prescriptive easements are subject to the laws and regulations of each jurisdiction, and the specific requirements for establishing and enforcing them can vary significantly.

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This glossary post was last updated: 29th March, 2024.