Also known as: easement by prescription · prescriptive easement · prescriptive easements
Written by attorneys · grounded in primary & secondary sources — see below
A nonpossessory interest in land acquired by open, adverse, and continuous use of another's property for the period fixed by local law. The resulting right entitles the holder to protection against interference with the established use.
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Esme Ellington has driven delivery trucks across a dirt strip on Everest Holdings' adjacent parcel every weekday for the full number of years required under state statute. Everest Holdings never objected or granted permission during that time. When Everest Holdings later attempts to block the route, Esme Ellington can enforce the prescriptive easement because the use satisfied the local period of prescription.
Elena Estrada installed solar panels on her roof that require unobstructed sunlight across Edward Everett's neighboring lot. For the statutory period Edward Everett's trees grew without blocking the light, but he now plans taller plantings that would shade the panels. Elena Estrada asserts a prescriptive easement to maintain the prior light access based on the long, open use.
The required length is the period fixed by local law as sufficient for obtaining easements by prescription.
Supporting sources
An easement by prescription arises from adverse use that creates only a right to continue the particular use, whereas adverse possession transfers title to the underlying land itself.
Supporting sources
Seasonal use can ripen into a prescriptive easement when it is open, adverse, and continuous in the sense required by the applicable local period and the nature of the claimed right.
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…across adjoining property. We do not agree with the defendant's analysis. The doctrine of ancient lights was a doctrine of easement by prescription. The doctrine of ancient lights has no application to this case. The plaintiff is not claiming an easement by prescription. The plaintiff is claiming that the defendant's proposed…