What creates an easement by prescription?

An easement by prescription is established through continual and visible use of someone else's property without obtaining permission from the property owner. This use must be open, notorious, and uninterrupted for a statutory period, which varies by jurisdiction. The rationale behind this legal establishment is primarily rooted in the principles of adverse possession, where long-term use can lead to the recognition of rights over the property even in the absence of a formal agreement or permission.

The specific characteristics of an easement by prescription emphasize how the use must be overt and obvious so that the property owner is aware of it, thereby focusing on the idea that the use has been maintained for a significant length of time. This differs from more formal methods of creating easements, such as through documentary evidence or negotiations. Ensuring the conditions of visible use without the property owner’s consent reinforces how the law prioritizes established practice over formal documentation in these cases.