Select your state

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 Wisconsin, a prescriptive easement is established when an individual uses another's property openly, continuously, and adversely for a period of at least 20 years. This type of easement is recognized under Wisconsin case law and statutes. The use must be without the owner's explicit permission, and it must be as if the user owns the property. The burden of proof to establish a prescriptive easement lies with the person claiming the easement. Wisconsin Statutes section 893.28 specifies the 20-year period required for acquiring a prescriptive easement. If the claimant successfully proves the existence of a prescriptive easement, they gain the right to continue using the property in the manner established during the prescriptive period, but they do not gain ownership of the land itself.

Legal Articles

State Statutes

As a LegalFix Member You Will Be an Important Client of Local Law Firms

For about 82¢ a day you can have a LegalFix Legal Plan that includes initial consultations with an attorney at no additional charge—and additional legal services at reduced rates—all from top law firms in your state. Don't wait—be prepared for life's inevitable legal challenges, starting today.

And ask your employer, credit union, or membership group to offer LegalFix for even better pricing.

Real property

prescriptive easement

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

Wisconsin State Code

Wisconsin State Code

Articles

Real property

prescriptive easement