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Real property

prescriptive easement

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 Louisiana, a prescriptive easement, also known as an easement by prescription, is governed by both statutory law and case law. According to Louisiana Civil Code, a prescriptive easement can be acquired through continuous and uninterrupted use of the property for a period of 10 years when the use is non-secretive, without force, and without the explicit permission of the landowner. This is in contrast to many other states where the use must be adverse or hostile. Louisiana law requires that the use be apparent, visible, and continuous to establish a prescriptive easement. It is important for property owners and those claiming a prescriptive easement to consult with an attorney to understand the specific requirements and legal implications of establishing or challenging such an easement in Louisiana.

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Real property

prescriptive easement

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Louisiana State Code

Louisiana State Code

Real property

prescriptive easement

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