What defines an easement by prescription?

An easement by prescription is defined by the continuous and uninterrupted use of someone else's property without the permission of the owner for a specified period, which varies by jurisdiction but typically ranges from several years to several decades. This concept is rooted in the principle that if a person uses someone else's property openly and continuously in a manner that is visible to the property owner, over time this use can create a legal right to do so, even if it is against the owner's wishes.

The critical aspect of an easement by prescription is that it must be used without the consent of the property owner, and this use must meet the criteria set by law for a continuous period. This distinguishes it from other forms of easements, such as those that are granted voluntarily by the property owner or established through formal agreements. Understanding these key characteristics helps to reinforce the legal framework surrounding property rights and the implications they entail for both property owners and those who may seek to establish prescriptive rights.