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 Nebraska, a prescriptive easement is acquired when an individual uses another's property openly, continuously, and adversely for a statutory period. According to Nebraska Revised Statute 25-202, the required period for establishing a prescriptive easement is 10 years. This means that the person claiming the easement must have used the property in a manner that is visible and without permission from the owner for at least a decade. The use must also be hostile, which means it is without the consent of the landowner and in a manner that could be construed as against the owner's property rights. If these conditions are met, the individual may have a legal right to continue using the property, even against the wishes of the owner. It is important to note that the specifics of each situation can be complex, and an attorney can provide guidance on the likelihood of successfully establishing a prescriptive easement in Nebraska.