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 Ohio, a prescriptive easement is recognized and can be established when a person uses another's property openly, continuously, and adversely for a period of 21 years. This is in accordance with Ohio Revised Code Section 2305.04, which sets the statutory period for adverse possession and by extension, prescriptive easements. The use must be such that it would give the owner a reasonable notice that the trespasser is making a claim against the property. The use must not be secretive or with the owner's permission, as that would negate the 'adverse' requirement. Once the prescriptive easement is established, it grants the user the right to continue the use that was established during the prescriptive period. It is important to note that the specifics of each situation can affect the application of the law, and an attorney can provide guidance on how the law applies to individual circumstances.