Prescriptive easement, also known as a “prescriptive right,” is a specific type of legal right to use another’s property that is based on long-term or continuous use of the property. This legal right can be established when a third party (person not part of the property ownership) has used the property for a certain amount of time according to state law.
This type of legal right is most often used when a property owner and another party have had a dispute over the use of their properties. For example, if one party has been using a specific piece of land for a certain period of time without the permission of the owner, a court may rule in favor of the non-owner party establishing a prescriptive easement.
Establishing a Prescriptive Easement
The exact requirements for establishing a prescriptive easement can vary from state to state, however generally the length of time needed to establish a prescriptive easement is between five and twenty years, with five years being the most common period of usage in order to establish a prescriptive easement.
These continuous uses of the property must also typically be “open and notorious” meaning that the use of the property was done in plain sight and the owner of the property was aware of the activity. Furthermore, the use of the property must meet the legal definition of an “adverse” use — meaning it was intentional and without the permission of the property owner.
Benefits of Prescriptive Easement
When a court rules in favor of a prescriptive easement, the non-owner party will have a legal right to use the property for the same purpose that the court has determined was used by the non-owner for the period of time defined by state law. This legal right is beneficial for both parties involved in the dispute, as it allows both the property owner and the non-owner party to understand their legal rights with regards to the property.
By understanding the law around a prescriptive easement, individuals can better protect their rights while also availing themselves to the opportunity to benefit from a legal right to use another’s property. To learn more about specific rules and regulations governing prescriptive easements in your region, consult with your lawyer or other legal professional.