A prescriptive easement—also known as an easement by prescription or an adverse easement—is an easement (right to use property) created by a use of property (the servient estate) that is open, continuous, and adverse to the owner of the property (the servient estate).

To satisfy the requirement that the use be continuous, the use must take place over a required period of time—which may be specified in a state’s court opinions (common law or case law) or in its statutes if the state legislature has written the law regarding easements into statutes or code. If the state legislature has written a law in statutes or codes the law is said to be codified.

In Arkansas, a prescriptive easement is established when an individual uses another's property openly, continuously, and adversely for a statutory period. The use must be such that it gives the owner a reasonable notice that the trespasser is making a claim against the property. Arkansas Code Annotated § 18-11-106 sets the statutory period for acquiring a prescriptive easement at seven (7) years. This means that the individual claiming the easement must have used the property in the aforementioned manner for at least seven consecutive years. If the claimant meets these requirements, they may be able to obtain a legal right to continue using the property despite not being the owner. It is important to note that the specifics of each situation can affect the outcome, and an attorney can provide guidance on the likelihood of establishing a prescriptive easement based on the facts of the case.