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 New Mexico, a prescriptive easement is established when an individual uses another's property openly, continuously, and without the owner's permission for a statutory period. According to New Mexico statutes, the required period for establishing a prescriptive easement is ten years. This means that the person claiming the easement must have used the property in a manner that is visible and obvious, without consent from the owner, and this use must have been consistent over the ten-year period. If these conditions are met, the user may be able to claim a legal right to continue using the property, despite not being the owner. It is important to note that the specifics of each situation can be complex, and the interpretation of the law may vary with the circumstances. Therefore, individuals seeking to establish or dispute a prescriptive easement in New Mexico should consult with an attorney to understand their rights and obligations under the law.