What is an easement by prescription?
A prescriptive easement arises from open, continuous use of land without permission for a statutory period.
Why it matters
It lets a long-time user keep access even without the owner’s consent.
Common confusion
It is an easement (a right), not ownership of the land itself.
Frequently Asked Questions
How is it different from adverse possession?
It grants a use right, not full ownership of the property.
Does the use have to be hostile?
Yes — without the owner’s permission, for the whole period.
Can the owner stop it?
Yes, by giving permission or blocking the use in time.