A prescriptive easement is similar to but different from adverse possession. Both are legal doctrines that give a non-owner the right to access your property by open and notorious use.
However, there are a few differences between the two. Adverse possession is considered a negative easement, and it typically involves some type of trespassing over a lengthy period of time.
The time frame is determined by state law but typically occurs over a 10 – 20-year period. In comparison, a prescriptive easement grants a limited right, usually by necessity.
There are a few ways to determine whether an easement is a prescriptive or adverse possession. The first is to consider the intent, and the second is to consider the actions of the non-owner.
In a prescriptive easement, the goal is simply to use the property in a specific and nonpossessory capacity. Whereas with adverse possession, the intent and actions of the individual are done to claim full ownership.