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 Florida, a prescriptive easement is recognized under state law when someone uses another's property openly, continuously, and adversely for a specific period of time. The required period of continuous use in Florida to establish a prescriptive easement is 20 years, as specified in Florida Statutes Section 95.11(2)(b). This means that the person claiming the easement must have used the property in a manner that is visible and without permission from the owner for at least two decades. The use must also be inconsistent with the rights of the owner and not secretive. If these conditions are met, the person using the land may be able to obtain a legal right to continue using the property, despite the owner's objections. It is important to note that establishing a prescriptive easement can be complex and typically requires the involvement of an attorney to navigate the legal requirements and to potentially litigate the matter in court.