In real estate law, a prescriptive easement is an easement established by a court based on long continued use of another person’s land. It arises from the presumption that a valid easement was originally granted, even though no written easement exists.
To qualify as a prescriptive easement, the use must generally be open, notorious, continuous, and uninterrupted for the period required by law. Once recognized, the easement grants the right to continue the specific use that gave rise to it.
