Easement by prescription refers to a legal concept where an individual or entity gains a right to use another person's property for a specific purpose through continuous and uninterrupted use over a prolonged period of time. This type of easement is typically established based on common law principles, and it is recognized in various jurisdictions.
To acquire an easement by prescription, the party seeking the right must meet certain requirements, including open, continuous, exclusive, and adverse use of the property without the owner's permission. The duration of the use necessary to establish a prescriptive easement can vary depending on the jurisdiction, but it usually ranges from 10 to 20 years.
The easement by prescription is similar to a prescriptive right, but it specifically relates to the use of another's land. It essentially implies that the owner of the property, despite not granting permission, has failed to take legal action to prevent the use over an extended period, thus allowing the user to acquire a legal right to continue the access or use of the property.
Once acquired, an easement by prescription provides the holder with a legal right and interest in the property, allowing them to continue the specific use for which the easement was established. However, it is important to note that the owner of the property still retains ownership and control over the land.
Overall, an easement by prescription recognizes the practical reality that continuous and undisturbed use of property over time can effectively establish a legal and enforceable right for the user, offering a form of protection and stability for long-standing, unchallenged use.
