Definition
Prescriptive rights are legal rights to use another's property acquired through long-term, continuous, open use. They typically result in an easement rather than fee ownership.
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Prescriptive rights differ from adverse possession in that they typically result from semi-permissive use rather than hostile use. A neighbor might use a driveway across your property openly for 20 years with your tacit acceptance, eventually gaining a prescriptive easement right to continue that use. The distinction between hostile and permissive use becomes critical in determining whether someone gains prescriptive rights or merely retains permission that can be revoked. Documentation of when use began and continued is essential for either party's legal position. States vary significantly in how they treat prescriptive rights, with some requiring explicit permission withdrawal to stop the clock.
Pro Tip
If someone uses your property regularly, document this and consider a written permission letter to convert use from 'hostile' to 'permissive'.
Example
A resident uses an unmarked trail across a neighbor's land for dog walking for 15+ years without objection. They may gain prescriptive rights to continue using the trail regardless of future ownership changes.