Prescriptive easement
An easement someone earns by openly using part of another's land for years, without permission. Like adverse possession but for a use right instead of full ownership.
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Part 1 of 4
Why a seller cares
A neighbor who has used a path or a driveway across your land for years without permission may have earned the right to keep using it. It is adverse possession's smaller cousin, and it shows up at a survey.
Part 2 of 4
A simple example
The neighbor's gravel drive has crossed the corner of your lot since the 1990s. The buyer's survey shows it, and the title company asks about it.
| The situation | What tends to follow |
|---|---|
| Open use for longer than the state's period | A likely easement, and an exception on the title policy |
| Use with your written permission | No easement earned; permission defeats the claim |
| A written easement signed now | The right is defined and recorded, which most buyers prefer |
Years of tolerated use can become a right. Writing it down turns a question into a record.
Part 3 of 4
What people get wrong
That a prescriptive easement gives the neighbor ownership. It gives them the use, and only the use they have been making.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
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