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 Vermont, a prescriptive easement is established when an individual uses another's property openly, continuously, and adversely for a statutory period. Vermont law requires that this use must be without the owner's permission and must continue for a period of 15 years. This is codified under 12 V.S.A. § 501, which outlines the specifics of acquiring an easement by prescription. The use must be such that it gives the owner a reasonable opportunity to notice and challenge it, and it must be uninterrupted for the entire statutory period. If these conditions are met, the user may be able to claim a prescriptive easement, giving them the right to continue using the property in the manner they have been, even without the owner's consent. It is important for property owners and those claiming a prescriptive easement to consult with an attorney to understand their rights and obligations under Vermont law.