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 North Carolina, 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 20 years. This concept is rooted in common law and has been affirmed by state court decisions. The use must be such that it gives the true owner a reasonable opportunity to become aware of the use and to take steps to prevent it if they choose. Unlike some states, North Carolina does not have a specific statute that codifies the requirements for a prescriptive easement, so the principles are derived from case law. It is important to note that the use must not be secretive or done with the owner's permission, as either would negate the 'adverse' requirement necessary to establish a prescriptive easement. If someone believes they have a claim to a prescriptive easement, they would typically need to file a lawsuit to have the easement legally recognized, and it is advisable to consult with an attorney to understand the nuances of this area of law.