Find the right lawyer now

Easement by Prescription Lawyers

Find a Local Real Estate Lawyer near You

Own an Easement over Time By Prescription

A prescription is a method of securing an easement (right to use the real estate or a portion of it for a particular purpose) through unapproved use over a period of time. A common easement by prescription is a right of way like a walkway.

What Are the Requirements for an Easement by Prescription?

Much like the requirements for adverse possession, an easement by prescription requires that the easement be: 

If the requirements of actual use, open and continuous for the statutory period are met, some jurisdiction will presume the element of adverse use to find for an easement by prescription.

What's the Significance of an Easement by Prescription?

Title to an easement is given when all of the elements for prescription have been met. Therefore, if the owner takes no legal steps to end another person¿s use during the prescription period, then the owner cannot lawfully interfere with that use. 

What Causes the Prescriptive Period to End?

The clock starts when all of the requirements for an easement by prescription are met, but stops when one of the requirements is not met during the prescriptive period.

However, if the property owner gives another permission to use the easement, then the requirement for adverse use is not met and would end the prescriptive period. In this case, the easement converts into a different type called a license.

Do I Need a Lawyer?

Because sitting back might cost you property rights, contacting a real estate attorney in your area is wise when you think someone may be attempting to retain your easement by prescription. A lawyer can initiate the necessary legal steps like setting up a quiet title action, making sure your interest is properly recorded or representing your interests against adverse users to ensure that your property interest is protected.

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 04-19-2018 12:22 AM PDT

Law Library Disclaimer
  • No fee to present your case
  • Choose from lawyers in your area
  • A 100% confidential service
What is LegalMatch?

We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.