Definition
A prescriptive easement is acquired through long-term, continuous, open use of another's property without permission. Prescriptive easements arise from use patterns rather than express agreement.
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Find my pathAbout this term
If someone openly uses part of another's property (like a path) continuously for a statutory period (varies by state, typically 5-20 years), they may acquire prescriptive easement rights. Prescriptive easement claims are based on adverse possession principles but create only limited usage rights, not full ownership. Property owners can prevent prescriptive easements by posting no-trespassing signs or otherwise objecting to use. Title companies often won't insure against prescriptive easement risks.
Pro Tip
Prevent prescriptive easements by posting no-trespassing signs and objecting to unauthorized uses.
Example
A neighbor has openly crossed the corner of a property for 20 years to reach the road; they may claim a prescriptive easement.