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 Minnesota, a prescriptive easement is established when an individual uses another's property in a manner that is open, notorious, continuous, and adverse for a statutory period of 15 years. This means the user must use the property without permission from the owner in a way that is obvious and uninterrupted for the entire period. The use must also be adverse, meaning it is without the owner's consent and in a manner that could be construed as against the owner's property rights. Minnesota's requirements for a prescriptive easement are codified under Minnesota Statutes, Section 541.02, which sets the time frame for adverse possession and, by extension, prescriptive easements. It is important to note that the establishment of a prescriptive easement can be complex, and the specific facts of each case are critical. Therefore, individuals who believe they have a claim to a prescriptive easement or property owners who are contesting such a claim should consult with an attorney to understand their rights and obligations under Minnesota law.