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 West Virginia, a prescriptive easement is established when an individual uses another's property openly, continuously, and adversely for a statutory period. The use must be such that it could give the owner a reasonable notice that the trespasser is making a claim against the property. West Virginia Code § 55-2-1 provides that the period required to establish a prescriptive easement is ten years. This means that the person claiming the easement must have used the property in a manner that meets the legal requirements for at least ten years. If the use has been for the statutory period, the person using the land may have a legal right to continue that use, which can be formalized through a legal action to recognize the prescriptive easement. It is important to note that the specifics of each situation can affect the establishment of a prescriptive easement, and an attorney can provide guidance on the likelihood of success in claiming such an easement based on the facts of the case.