Prescriptive Easements

This exercise introduces one of the most significant vehicles for acquisition of an easement without the agreement of the servient landowner. Prescriptive Easements (also known as Easements by Prescription) arise out of open, notorious, adverse and continuous use of another person's land for the statutorily determined period of time. Through this use, a person essentially "adversely possesses" an easement over another's land. This tutorial introduces the user to the significant hurdles that face a claimant of an easement by prescription.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Define a prescriptive easement.
2. Define tacking.
3. List the elements required to support acquisition of an easement by prescription.
4. Explain what constitutes open and notorious use.
5. Explain how a claimant meets the requirement of adverse use.
6. Discuss how a claimant satisfies the requirement of the right to use.
7. Discuss the importance of continuous and uninterrupted use.
8. Explain why the use must be for a prescriptive period.