Prescriptive Easement
Gridlync land and infrastructure glossary.
A prescriptive easement is a right to use another’s land acquired through open, continuous, and unauthorized use over a period set by law, similar to adverse possession but for use rather than ownership. It arises only after the use has been open, notorious, continuous, and without permission for the statutory period, which varies by state from roughly 5 to 20 years. Landowners head off prescriptive claims by granting written permission or interrupting the use.
Prescriptive and recorded easements both affect a tract’s land record. Gridlync keeps the documentation organized for diligence and compliance.
Example
For 18 years, neighboring rancher Cole Whitman has driven a two-track road across the Easton property to reach his pasture without asking. A court finds the long, open use ripened into a prescriptive easement, letting Whitman keep using the road.