What defines an easement by prescription?

An easement by prescription is defined by the prolonged and continuous use of a portion of someone else's property for a specific purpose, typically without the permission of the property owner. Over time, if the use meets certain legal criteria—such as being open, notorious, and uninterrupted for a statutory period—the user may gain legal rights to continue using the property for that purpose as if they had an easement. This process does not involve a formal written agreement or conveyance, making it distinct from other types of easements.

While easements can indeed be granted through written contracts, the essence of a prescription easement relies on the long-term actual usage rather than formal agreements. The specific duration necessary for an easement by prescription can vary by jurisdiction, and though it may commonly be 20 years in many places, it is not inherently limited to any fixed period like 30 years. Government-granted easements, such as those for public utilities, differ in nature and context from easements obtained by prescription, which rely solely on private use and possessory rights.