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 Connecticut, a prescriptive easement is established when an individual uses another's property openly, continuously, and without the owner's permission for a statutory period. The use must be such that it could give the owner a reasonable notice of the claim. Connecticut law requires a continuous and uninterrupted use of at least 15 years for a prescriptive easement to be claimed (Conn. Gen. Stat. § 47-37). This means that the person claiming the easement must have used the property in a manner that is adverse to the owner's interests for at least 15 years. If the claimant successfully proves these elements, they may be granted a legal right to continue using the property despite the owner's objections. It is important to note that the specifics of each case can vary, and the establishment of a prescriptive easement can be complex, often requiring the involvement of an attorney to navigate the legal intricacies.