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 Kentucky, a prescriptive easement is established when an individual uses another's property openly, continuously, and adversely for a statutory period. The use must be such that it gives the owner a reasonable opportunity to notice that someone is asserting a claim against their property and must be without the owner's explicit permission. Kentucky law requires that this use must be maintained for at least 15 years to establish a prescriptive easement. This period is codified in Kentucky Revised Statutes (KRS) under KRS 413.010 and KRS 413.060. It is important for property owners and those claiming a prescriptive easement to understand that the establishment of such an easement can be complex and may require the involvement of an attorney to navigate the legal requirements and to potentially litigate the matter in court.