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 Tennessee, a prescriptive easement is acquired when an individual uses another's property openly, continuously, and adversely without the owner's permission for a statutory period. The required period for establishing a prescriptive easement in Tennessee is 20 years. This means that the individual claiming the easement must have used the property in a manner that is visible and obvious, without interruption, and without the consent of the property owner for at least two decades. The use must be such that it would give the owner a reasonable opportunity to notice the use and take action to prevent it if they chose to do so. Tennessee courts may consider various factors to determine whether the use meets the legal requirements for a prescriptive easement. It's important to note that the specifics of each case can affect the outcome, and anyone seeking to establish or contest a prescriptive easement may benefit from consulting with an attorney who is knowledgeable in Tennessee property law.