What is a prescriptive easement?

A prescriptive easement is a legal right to use someone else’s land for a specific purpose. This right is created by long-term use that is apparent, open, and notorious. In Washington, a prescriptive easement can be obtained when the use being made of the land is adverse to the owner’s interest, is continuous and uninterrupted for five years under a claim of right, and is so obvious that the owner should have been aware of it. If these conditions are met, then the user of the land may be able to establish a prescriptive easement. Prescriptive easements are typically established for certain activities such as hunting, fishing, or farming. They may also be established for rights that allow the public to pass through private property. For example, the public may gain access to a beach or forest if enough people use the same route across private land for five years or more. In Washington, a prescriptive easement is not a permanent right and it can be lost if the user stops using the land or if the owner takes legal action to block the right.

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What is a prescriptive easement?

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