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 Rhode Island, a prescriptive easement is recognized and can be established when a person uses another's property openly, continuously, and adversely for a statutory period of 10 years. This means that the user, without permission from the owner, must treat the property as their own and this use must be obvious to anyone, including the owner. The use must not be interrupted during this period. Rhode Island General Laws § 34-7-1 outlines the specifics of acquiring an easement by prescription. If the requirements are met, the user may go to court to have the prescriptive easement legally recognized. It is important for property owners to be aware of any unauthorized use of their land to prevent the establishment of such easements. An attorney can provide guidance on how to establish or dispute a prescriptive easement in Rhode Island.