What is a prescriptive easement?
A prescriptive easement refers to using another person’s property without taking ownership of it. The easement occurs when the piece of property is used openly, in a clearly observable fashion, continuously and without the owner’s permission. Also known as adverse use, the length of time to establish a prescriptive easement varies by locality. State law may require anywhere from five years to more than 30 years to create a prescriptive easement.
A prescriptive easement refers to using another person’s property without taking ownership of it. The easement occurs when the piece of property is used openly, in a clearly observable fashion, continuously and without the owner’s permission. Also known as adverse use, the length of time to establish a prescriptive easement varies by locality. State law may require anywhere from five years to more than 30 years to create a prescriptive easement. Open and clearly observable use is key in determining if a prescriptive easement exists. A fence erected several feet over the property line is a common example of this. Prescriptive easement may be established if the fence is placed in the open, not in secret, and clearly observable by all. This is common in rural areas if a fence is put in without an updated survey. The fence may sit partially on the property of an adjoining landowner.
