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 North Dakota, a prescriptive easement is recognized and can be established when a person uses another's property in a manner that is open, notorious, continuous, and adverse to the rights of the property owner for a statutory period. According to North Dakota Century Code (NDCC) § 47-06-03, the required period for establishing a prescriptive easement is 20 years. This means that the person claiming the easement must have used the property in such a manner for at least 20 years without the permission of the owner. It is important for property owners and those claiming a prescriptive easement to understand that the establishment of such an easement can have significant implications for property rights and use. An attorney can provide specific guidance and representation in matters related to prescriptive easements in North Dakota.