Prescriptive easements

Prescriptive easements are a legal right to use someone else's land, through continuous, open and uninterrupted use. This is usually set to a specific amount of time (typically 20 years).

The right to prescriptive easement is established without the landowner's permission and can be achieved through:

• Continuous and uninterrupted use - Land must have been used without significant breaks for the full 20-year period. This doesn’t necessarily mean it must be used every day,  but there should be a regular pattern of use.
• Establish use as of right  - This can be granted if the land is used without force, without permission and without secrecy.
• Qualifying use - The right being claimed must be capable of being granted. For example, it could be granted as a right of way.

• Land registry application - If the land is registered, the claimant may need to apply to the Land Registry for the easement to be formally registered. 
• Evidence of use - Evidence of using the land continuously for the past 20 years is essential for proving the extent of your use.
• Negotiate - You may be able to negotiate land usage with the owner of the land.

Yes, prescriptive easements can be terminated under certain circumstances as they are not permanent. Examples of termination causes include but are not limited to:

• Being released by deed - A formal deed can be used by the owner of the dominant land to end the easement of the owner of the servient land.
• The merger of ownership - If the dominant and servient land come under the same ownership, the easement will be terminated as prescriptive ownership cannot exist over your own land.
• Abandonment - If the owner of the dominant land clearly demonstrates that they intend to abandon the easement, it can be terminated. 

Yes, they generally run with the land, meaning the easement doesn’t just apply to the person who established the agreement but continues for future owners of land that benefit from the easement.

To establish a prescriptive easement, continuous land use usually needs to occur for 20 years.

Landowners can take proactive steps to prevent prescriptive easements from occurring. This could include granting formal permission for access, erecting physical barriers, or displaying clear signage saying that access is not permitted. 

If a claim of prescriptive easement has already been made, the landowner should formally object to the claim before 20 years is reached, and prescriptive easement can be granted.

The cost of obtaining prescriptive easement can vary. Get in touch with our prescriptive easement solicitors today for more accurate pricing.