property
easement by prescription
An easement by prescription is a right to use another person's land that is acquired by long-term use without the owner's permission. The use usually must be open, notorious, continuous, hostile, and last for the period set by state law. Unlike adverse possession, it gives only a right of use, not ownership. The required time period and elements vary by state.
- Exam tip
- The trap is mixing it up with adverse possession: prescription gives a right to use, while adverse possession gives title. Permission from the owner defeats a prescriptive claim.
- Example
- A neighbor openly drives across the corner of an adjoining lot to reach the road every day for longer than the state's statutory period, never asking permission. The neighbor may gain a prescriptive easement.
Related terms & state variants
Sources
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Last verified: 2026-10-23