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 Indiana, a prescriptive easement is established when an individual uses another's property openly, continuously, and adversely for a statutory period. The Indiana Code requires that this use must be maintained for a period of at least 10 years (IC 32-21-7-1). The use must be without the permission of the property owner and must be in a manner that is visible and notorious, meaning it is done in such a way that the property owner has a reasonable opportunity to learn of the use and take action if they choose. The individual claiming the easement must show that the use was uninterrupted during the statutory period. If these conditions are met, the individual may have a legal right to continue using the property, even against the wishes of the property owner. It is important to note that the establishment of a prescriptive easement can be complex and may require adjudication by a court to determine the rights of the parties involved.