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 Michigan, a prescriptive easement is established when an individual uses another's property openly, continuously, and adversely for a statutory period of 15 years. This concept is codified in Michigan Compiled Laws (MCL) under MCL 600.5801, which sets the period of limitation for the recovery of possession or damages concerning real property. The use must be such that it could give the owner a reasonable notice that the trespasser is making some claim against the land. The user must not have the landowner's permission for this use, and it must be distinct from the general public's use. If these conditions are met over the continuous period, the user may be able to claim a prescriptive easement. It is important to note that the establishment of a prescriptive easement can be complex and may require adjudication by a court to determine the rights of the parties involved.