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 Oklahoma, a prescriptive easement is recognized and can be established when an individual uses another's property openly, continuously, and adversely without the owner's permission for a statutory period. The required period of use in Oklahoma is fifteen years, as specified in Title 60, Section 333 of the Oklahoma Statutes. This means that if someone uses a portion of another's land as if it were their own for at least fifteen years, they may be able to claim a prescriptive easement. The use must be such that it gives the true owner a reasonable opportunity to notice and challenge it. It's important to note that the establishment of a prescriptive easement is a complex legal matter and typically requires the involvement of an attorney to navigate the legal proceedings, which may include filing a lawsuit to have the easement legally recognized.