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 Virginia, a prescriptive easement is established when an individual uses another's property openly, continuously, and adversely for a statutory period, which is typically 20 years. This type of easement is recognized under Virginia common law and is also codified in the Virginia Code. The use must be without the permission of the property owner and must be in a manner that is not secretive. The individual claiming the easement must show that the use was as if they were the property owner, without interruption, for the full statutory period. If these conditions are met, the individual may be granted a prescriptive easement, giving them the right to continue using the property in the established manner. It is important to note that the specifics of establishing a prescriptive easement can be complex, and the burden of proof lies with the person claiming the easement. Therefore, it is often advisable to consult with an attorney to navigate the legal intricacies involved in such matters.