The Real Estate Encyclopedia & Blog

Prescription

by | Feb 6, 2026

In real estate law, prescription is a method of acquiring certain incorporeal interests in land, most commonly easements, through long continued use. The use must be open, notorious, and apparent, giving notice to the property owner.

Over the required statutory period, continued use under these conditions can create legal rights even without a written agreement. Prescription is based on the principle that a property owner’s failure to object to such use over time may result in the loss of the right to prevent it.