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 South Carolina, a prescriptive easement is established when an individual uses another's property openly, continuously, and adversely without the owner's permission for a statutory period. The use must be such that it gives the owner a reasonable opportunity to notice that someone is asserting a claim against their property. In South Carolina, the statutory period required to establish a prescriptive easement is generally 20 years. This means that the individual claiming the easement must have been using the property in the manner described for at least 20 years. This concept is codified in South Carolina Code of Laws, and the courts also rely on common law principles to interpret and enforce these easements. It is important for property owners and those claiming a prescriptive easement to consult with an attorney to understand their rights and obligations under South Carolina law.