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Real property

prescriptive easement

A prescriptive easement—also known as an easement by prescription or an adverse easement—is an easement (right to use property) created by a use of property (the servient estate) that is open, continuous, and adverse to the owner of the property (the servient estate).

To satisfy the requirement that the use be continuous, the use must take place over a required period of time—which may be specified in a state’s court opinions (common law or case law) or in its statutes if the state legislature has written the law regarding easements into statutes or code. If the state legislature has written a law in statutes or codes the law is said to be codified.

In Alabama, a prescriptive easement is established through the continuous, open, notorious, exclusive, and adverse use of another's property for a period of 20 years. This is in accordance with Alabama Code § 6-5-200, which codifies the requirements for acquiring an easement by prescription. The use must be such that it gives the true owner a reasonable opportunity to learn of its existence and it must be without the permission of the landowner. If these conditions are met, the person claiming the easement can go to court to have the easement legally recognized. It is important to note that the specific facts of each situation can affect the application of the law, and an attorney can provide guidance on how the law may apply to a particular set of circumstances.

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Real property

prescriptive easement

Individual & Family Legal Plan

Articles

Alabama State Code

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Real property

prescriptive easement

Alabama State Code