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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 New York, a prescriptive easement is acquired when a person uses another's property openly, continuously, and without the owner's permission for a period of at least 10 years. This type of easement is established under the doctrine of adverse possession, which is codified in New York's Real Property Actions and Proceedings Law (RPAPL) Section 501 and following. The use must be actual, open and notorious, exclusive, and hostile to the interests of the true owner. If these conditions are met, the user may be able to obtain a legal right to continue using the property despite the owner's objections. It is important to note that the specifics of each situation can affect the outcome, and an attorney can provide guidance on the likelihood of establishing a prescriptive easement based on the facts of the case.

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Real property

prescriptive easement

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Real property

prescriptive easement

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