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 Nevada, 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 adverse for an uninterrupted period of five years. This is codified in Nevada Revised Statutes (NRS) under NRS 11.070, which outlines the requirements for acquiring an easement by prescription. The use must not be hidden, must be without the property owner's permission, and must be consistent and uninterrupted for the full statutory period. The claimant must treat the property as if it were their own, without the permission of the owner, for the prescriptive period to establish an easement. If these conditions are met, the user may be able to obtain a legal right to continue using the property, despite not having the owner's permission or owning the property themselves. It is important to note that the specifics of each case can affect the outcome, and an attorney can provide guidance on the likelihood of establishing a prescriptive easement based on the circumstances.