Easement by Prescription

Definition: An easement by prescription is a use right acquired through qualifying adverse, open, continuous use of another's land for the legally required period.

Example

A long-used access route may be evaluated for a prescriptive right if all required elements can be established.

Keep the distinction clear

Length of use alone is insufficient. Permissive use ordinarily does not establish the adverse-use element, and an easement is not ownership of the entire parcel.

Related terms

Easement · Easement by Necessity · Landlocked Property

Keep studying

Easements: Appurtenant, In Gross, Necessity, and Termination

References: Cornell LII: prescription

Pronunciation (US): EEZ-muhnt by prih-SKRIP-shuhn (capitals show stress)

Pronunciation reference: Merriam-Webster