What is a prescriptive easement?

A prescriptive easement is a type of property law in Massachusetts that allows someone to own a piece of land without actually owning the land itself. It grants the user certain rights over the land that they do not actually own. In order for a prescriptive easement to be established, the user must demonstrate certain acts that prove that they have had continuous, exclusive use of the land for an extended period of time, often for at least twenty years. The user must use the land openly, hostilely, and without the permission of the landowner. Once a prescriptive easement is established, it grants the user certain rights to the land and its upkeep. These rights include the right to use the land for a certain purpose, the right to prevent others from using the land, and the right to repair or improve the property. The user must continue to use the property as they have been in order to maintain their rights over the land. Prescriptive easements can be important tools for people who have had a continuous, exclusive use of a piece of land but do not have the means to actually own it. It is important to note, however, that a prescriptive easement does not give absolute rights to a user – the owner of the land still has the right to access and use the land.

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What is a prescriptive easement?

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