Can I claim an easement by long use (prescriptive easement)?

How the answer differs across 4 jurisdictions

The Short Answer

Yes, you may claim a prescriptive easement over your neighbour's land in Ireland if you have used it openly, continuously, and without permission for at least 12 years before 1 December 2009, or for 12 years after that date under the new rules.

12 years
Required use period
1 Dec 2009
Act commencement date
Open use
Use must be open
Without consent
No owner permission
The Short Answer

In India, you can acquire an easement prescriptively by using another person's land openly, continuously, and without permission for 20 years under the Limitation Act, 1963.

20 years
Required period
Open use
Must be visible
Without consent
No owner permission
Continuous
Uninterrupted use
US-CaliforniaFull article
The Short Answer

Yes, you can obtain a prescriptive easement in California if you use someone else’s land openly, continuously, and without permission for at least 5 years.

5 years
Required use period
Open & notoriou
Use standard
Hostile
No permission needed
Continuous
Uninterrupted use
US-New YorkFull article
The Short Answer

A prescriptive easement in New York is a nonpossessory right to use another person’s land, acquired by open, notorious, adverse, continuous, and uninterrupted use for at least 10 years.

10 years
Required duration
Open use
Must be visible
Adverse use
Without permission
Continuous
Uninterrupted period

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.