Prescriptive easement
A use right earned by open, continuous, unpermitted use over a period set by state law.
When someone uses part of a property openly, continuously, and without permission for the full statutory period, courts can recognize a permanent right to keep doing so. The period ranges from 5 to 20 years depending on the state.
Permission defeats the claim. A written license, even a simple signed note, generally stops the clock.
Why it matters when you buy
Prescriptive rights never appear in a title search, so a long-used neighbor path can be a real burden nobody disclosed.
Related terms
General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.
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