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 Delaware, a prescriptive easement is recognized and can be established when an individual uses another's property in a manner that is open, notorious, continuous, and adverse for a statutory period. The use must be without the permission of the property owner. Delaware law requires that the use must continue for a period of 20 years to establish a prescriptive easement. This is codified under Title 10, Chapter 79 of the Delaware Code. The claimant must prove that the use of the property was as if they were the owner and without the actual owner's consent. If these conditions are met, the individual claiming the easement can bring a legal action to have the easement recognized by the court. It is important to note that the specifics of each situation can affect the outcome, and consulting with an attorney for legal advice is recommended for individuals seeking to establish or dispute a prescriptive easement.