What is required for an easement by prescription to be established?

For an easement by prescription to be established, the key requirement is the continued adverse use of the property over a statutory period. This process means that an individual must use another person’s property in a manner that is open and notorious, exclusive, continuous, and adverse to the interests of the owner without permission.

The adverse use reflects that the individual’s use is without the consent of the property owner, which differentiates it from other types of easements that may arise from agreements or permissions. The time frame required can vary by jurisdiction, but it is essential that the use continues consistently for this designated period. This principle serves to protect landowners' rights while also balancing those with the need for individuals to access and use property that may have historically been utilized in a particular way.