Easement by Prescription Law and Legal Definition

Easement by prescription refers to an easement created by the open, notorious, uninterrupted, hostile, and adverse use of another's land for a period set by statute. State law, which varies by state, defines the time period required to acquire a prescriptive easement. For example, easement by prescription can be claimed by a person who travels across a parcel of land owned by another and continuously for five years or more without the owner's permission or consent.