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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 Mississippi, a prescriptive easement is recognized and can be established when an individual uses another's property in a manner that is open, notorious, continuous, and hostile for a period of ten years. This is codified in Mississippi Code Section 15-1-13, which requires that the use must be under a claim of ownership and without the permission of the landowner. The burden of proof to establish a prescriptive easement lies with the person claiming the easement. It is important for property owners to be aware of any unauthorized use of their land, as failure to address such use could result in the establishment of a prescriptive easement. An attorney can provide specific guidance on how to establish or challenge a prescriptive easement in Mississippi.

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Real property

prescriptive easement

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Mississippi State Code

Mississippi State Code

Real property

prescriptive easement

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