{"id":369173,"date":"2016-04-04T10:47:16","date_gmt":"2016-04-04T15:47:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/land-use-laws\/prescriptive-easements.html"},"modified":"2024-06-13T10:40:11","modified_gmt":"2024-06-13T15:40:11","slug":"prescriptive-easements","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/land-use-laws\/prescriptive-easements.html","title":{"rendered":"What Is a Prescriptive Easement?"},"content":{"rendered":"\n
\n \n
\n

What Is a Prescriptive Easement?<\/h1>\n
\n
\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A prescriptive easement allows someone other than the property owner to gain the right to use a property. Prescriptive easements often arise in rural areas when landowners don’t realize part of their land is being used, perhaps by a neighbor.<\/p>\r\n

For example, fences built in incorrect locations often result in the creation of prescriptive easements. Suppose a person uses another’s real property for more than the time allowed by state laws on adverse possession<\/a> (the statutory period). In that case, that person may be able to "derive an easement by prescription." In other words, they may gain a legal right to use the land for a specific purpose.<\/p>\r\n

Under adverse possession laws, a claimant’s use of the land must be:<\/p>\r\n