What does "easement by prescription" mean?

Easement by prescription is a legal term that refers to a type of easement acquired by an individual through continuous and uninterrupted use of someone else's property for a specific period, often defined by state law. This process typically requires that the use be open, notorious, and adverse to the interests of the property owner, meaning the use is obvious and is done without permission.

The essence of easement by prescription is that it formalizes the right to use the land based on long-standing usage, which can sometimes transform into a legal right even if the property owner did not formally grant permission. This type of easement is important in property law because it recognizes the rights of individuals who may have relied on the usage of property through established patterns over time.

In contrast, a permanent easement granted voluntarily would involve an agreement between parties, not an enforced claim based on usage, while easements for emergency situations or temporary access for repairs speak to specific and limited rights not derived from long-term usage. Hence, the concept of easement by prescription distinctly relates to rights emerging from prolonged and continuous usage.