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 Massachusetts, a prescriptive easement is established when a person uses another's property openly, continuously, and adversely for a period of 20 years. This use must be without the owner's permission and must be in a manner that is not secretive or permissive. The 20-year period is a statutory requirement under Massachusetts law, codified in the Massachusetts General Laws. If these conditions are met, the user may acquire a legal right to continue such use, even against the wishes of the property owner. It is important to note that the specifics of each situation can affect the outcome, and the establishment of a prescriptive easement can be complex. Therefore, individuals who believe they have a claim to a prescriptive easement, or property owners who are contesting such a claim, should consult with an attorney to understand their rights and obligations under Massachusetts law.