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 Georgia, a prescriptive easement is established when an individual uses another's property openly, continuously, and adversely without the owner's permission for a period of time specified by law. This concept is similar to adverse possession, but it does not result in ownership of the land, only a right to use it. Georgia law requires that the use must be for a period of at least 20 years to establish a prescriptive easement (O.C.G.A. § 44-5-161). The use must be uninterrupted, not done in secret, and without the permission of the landowner. If the landowner challenges the use or gives permission for the use at any point, it may interrupt the continuity of the use, potentially preventing the establishment of a prescriptive easement. It is important for individuals seeking to establish or dispute a prescriptive easement to consult with an attorney to understand the nuances of the law and the specific facts of their case.