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 Arizona, a prescriptive easement is established when an individual uses another's property openly, continuously, and adversely for a period of at least 10 years. This type of easement is recognized under Arizona law, as codified in Arizona Revised Statutes Section 12-526, which requires that the use must be as such for a full decade without the permission of the property owner. The use must be such that the property owner has a reasonable opportunity to learn of it and take action to prevent the easement from being established. It is important to note that the establishment of a prescriptive easement does not transfer ownership of the land; it only allows the user certain rights over the property. Property owners who wish to prevent prescriptive easements should take steps to interrupt the continuous use or provide permission for the use, which would negate the 'adverse' requirement. Individuals who believe they have established a prescriptive easement or property owners who are contesting one may benefit from consulting with an attorney to understand their rights and obligations under Arizona law.