How many years is the typical period for easements by prescription?

The typical period for easements by prescription is often set at 20 years in many jurisdictions. This timeframe is rooted in legal principles that seek to balance the rights of property owners with the rights of individuals who may have used land openly and continuously for a significant duration.

For an easement by prescription to be established, the usage must be continuous, open, and notorious—meaning that the landowner must be aware of the use, and it must not be hidden. The 20-year period serves as a threshold to establish a claim over a property, reflecting the idea that after such a duration, the use becomes a recognized part of the property’s use and is taken as a public assertion of right.

In contrast, shorter durations such as 10, 15, or even longer periods like 25 years are not typically reflective of the standards found in most state laws regarding prescriptive easements. As a result, 20 years is the most commonly accepted standard used in the determination of easements by prescription, aligning with legal precedents that favor established usage rights over time.