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 Iowa, a prescriptive easement is recognized and can be established when a person uses another's property in a manner that is open, notorious, continuous, and adverse to the interests of the property owner for a statutory period. The statutory period required for a prescriptive easement in Iowa is 10 years, as outlined in Iowa Code § 560.1. This means that the individual claiming the easement must have used the property in such a manner for at least 10 consecutive years without the permission of the property owner. It is important to note that the use must be such that the property owner has a reasonable opportunity to notice and challenge it. If the property owner does not challenge the use within the 10-year period, the user may be able to claim a legal right to continue that use in the form of a prescriptive easement. Individuals seeking to establish or dispute a prescriptive easement in Iowa should consult with an attorney to understand the specific requirements and legal implications.