Can I claim an easement by long use (prescriptive easement)?
How the answer differs across 4 jurisdictions
IrelandFull article 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.
IndiaFull article 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.
US-CaliforniaFull article 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.
US-New YorkFull article 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.
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IrelandCan I claim prescriptive easement over my neighbour's land?
IndiaHow can I prescriptively acquire an easement right?
US-CaliforniaCan I get an easement by prescription in California?
US-New YorkWhat is a prescriptive easement and how is it obtained in New York?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.