Legal Definitions - easement by prescription

Easement by prescription

Easement by prescription, also known as prescriptive easement, is a legal concept where a person gains the right to use someone else's property without permission. This happens when the person uses the property for a certain period of time without the owner's objection. The time limit for gaining a prescriptive easement varies by state, but it usually ranges from a few years to over twenty. The court recognizes prescriptive easements because the person claiming the easement has used the property for a long time and relied on it.

Johnny bought a property that did not have access to a public road. However, he used his neighbor's private gravel road to reach a public road for ten years without the neighbor's objection. In this case, a court may grant Johnny a prescriptive easement to use the private road.

Another example is when a person uses a path across someone else's land to access a nearby river for fishing. If the person uses the path for the required period without the owner's objection, they may gain a prescriptive easement to use the path for fishing.

These examples illustrate how a person can gain the right to use someone else's property through easement by prescription. The key is that the use must be continuous, open, and notorious, meaning that the owner should be aware of it. If the use meets the requirements, the court may grant the person a prescriptive easement.