What is a prescriptive easement?

A prescriptive easement is established through long and continuous use of someone else's property for a specific purpose, typically access. To qualify as a prescriptive easement, the use must be open and notorious, meaning that it is sufficiently visible and widely known that the landowner has a chance to observe and object to the use. Moreover, the use must be continuous and uninterrupted for a statutory period, which varies by jurisdiction but often ranges from 5 to 20 years. This type of easement gives the user legal rights to access or use the land in a manner that has been practiced over time, ultimately recognizing that the ongoing use has effectively created an implied right to continue that use despite the landowner's lack of formal permission. This fundamental concept of property law balances the rights of property owners with the reality of long-standing usage patterns by others.