DefineLaw

What is an easement by prescription?

A prescriptive easement arises from open, continuous use of land without permission for a statutory period.

Why it matters

It lets a long-time user keep access even without the owner’s consent.

Common confusion

It is an easement (a right), not ownership of the land itself.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.

Frequently Asked Questions

How is it different from adverse possession?

It grants a use right, not full ownership of the property.

Does the use have to be hostile?

Yes — without the owner’s permission, for the whole period.

Can the owner stop it?

Yes, by giving permission or blocking the use in time.

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