What is an 'easement by prescription'?

An easement by prescription is defined as a legal right to use someone else's property that is obtained through continuous and open use over a specified period of time, typically established by state law. The use must be non-permissive, meaning it occurs without the property owner's consent, and it must be evident and uninterrupted during the statutory period, which varies by jurisdiction but often ranges from 5 to 20 years. This type of easement highlights the principle that certain rights can be acquired through long-standing practices and the acknowledgment of use, even if formal agreements do not exist.

Understanding an easement by prescription underscores the importance of usage rights in property law while also illustrating how users can secure privileges over time, which may significantly impact property owners and adjacent land uses. This distinction is crucial in managing land rights and resolves conflicts that arise from overlapping property usages.