The elements parallel adverse possession but establish a use right rather than ownership. Exclusivity is generally not required, since the owner may continue using the burdened area.
Permissive use defeats the claim.
Alternative Names:
Easement by Prescription|Prescriptive Right
Why it Matters?
The absence of an exclusivity requirement makes prescriptive easements easier to establish than adverse possession, since a neighbor using a shared driveway need not exclude the owner. Permission remains the complete defense, and a recorded or written license granted at any point during the period defeats the claim. Posting notice of permissive use is the preventive measure available to owners who tolerate a neighbor's crossing.
Frequently Confused with
Related terms
Frequently asked questions
How does this differ from adverse possession?
What defeats the claim?
