How long must a person use an easement for it to be considered prescriptive?

To establish a prescriptive easement in Texas, the use of the easement must be continuous, open, and notorious for a duration of 10 years. This means that the individual must have been using the property without permission, in a way that is obvious to the property owner, and without any attempts by the owner to stop the use. Over time, if the use meets these criteria, it can become legally recognized as a prescriptive easement.

The requirement of 10 years is significant in Texas law as it balances the interests of property rights with the practicalities of land use. It allows individuals to secure rights to use land, promoting long-term planning and investment in the property. Understanding this time frame is crucial for anyone engaging in land surveying or property law in Texas, as it directly influences property rights and land use disputes.