Ever used a shortcut across someone else’s land for years? Or relied on a private path to access your home? If so, you might have unknowingly gained a prescriptive easement - a legal right to keep using that land, even if there’s no written agreement.
Easements by prescription are all about long-term, uninterrupted use. If you’ve been accessing land openly for at least 20 years - without permission or force - you may have the legal right to continue doing so. In this guide, we’ll break down how prescriptive easements work, how to prove them, and what happens if they’re challenged.
What are easements?
An easement is a legal right that lets someone use part of another person’s land for a specific purpose - without owning it. Think of it as a long-term permission that stays in place even if the land changes hands. Easements are commonly used for things like access routes, utility connections, and drainage rights.
There are a few different ways easements can be created:
Express easement: A formal, written agreement between landowners that clearly states the rights.
Implied easement: Created when access is absolutely necessary, such as when land is landlocked and the owner must cross another’s land to reach it.
Prescriptive easement: Gained through long-term use (typically 20+ years) without the landowner’s permission.
👉You can learn more in our guide to the three types of easements.
What are easements acquired by prescription?
An easement by prescription happens when someone has used another person’s land for a specific purpose over a long period, without permission, secrecy, or force. Over time, this use can become a legally recognised right, even if no formal agreement was ever made. This type of easement is common in situations such as:
A landowner using a private path on another’s property for decades.
A farmer regularly crossing a neighbouring field to access land.
A homeowner using a shared driveway that is technically on another person’s land.
How do they work?
For an easement by prescription to be legally valid in the UK, it must meet the following conditions:
Used for at least 20 years – The user must show continuous and uninterrupted use over this time.
Used openly – The use must be visible and known to the landowner (it cannot be in secret).
Without force or permission – If the landowner granted permission, the use is not considered prescriptive. Similarly, the right cannot be claimed if it was taken by force.
Used ‘as of right’ – The use must be done as if the person had a legal right to do so, rather than just a temporary favour.
How can you prove an easement by prescription?
If you’ve been using someone else’s land for access or another purpose for over 20 years, you may be able to claim a prescriptive easement. However, proving this right requires solid evidence to show the use has been continuous, open, and without permission.
Here’s what you’ll need to support your claim:
✅ Witness statements: Statements from neighbours, landowners, or other individuals who can confirm that the land has been used in the same way for at least 20 years.
✅ Historical records: Documents such as old maps, property deeds, or council records that show the long-term use of the access route, driveway, pathway, or other easement.
✅ Photographic evidence: If available, historical photos, aerial images, or dated videos can help demonstrate the continuous use of the land over time.
✅ Legal assistance: An easement solicitor can help gather the evidence, submit a claim to HM Land Registry, and formalise the easement.
👉 For more guidance, head to our guide on how to prove a prescriptive easement.
Can an easement by prescription ever be removed?
Yes, a prescriptive easement can be removed in certain situations. While these rights are established through long-term, continuous use, they are not always permanent. If the use is interrupted or legally challenged, the easement may be revoked or extinguished.
Here’s how an easement by prescription can be removed:
✅ Interruption of use: If the easement is not used for a continuous period, it may lapse. For example, if access is no longer needed or blocked for years, the right may no longer be valid.
✅ Landowner objection: If the landowner challenges or prevents the use before the full 20-year period is completed, an easement by prescription cannot be claimed. This includes putting up signs, physical barriers, or issuing written objections.
✅ Legal application for removal: Even after an easement is established, the landowner may apply to the courts or HM Land Registry to remove or modify it. This might happen if the easement is no longer relevant, causes unreasonable restrictions, or significantly impacts the land’s value or use.
Easement by prescription vs. other easements
Feature | Easement by prescription | Express easement | Implied easement |
|---|---|---|---|
Created by | Long-term use | Written agreement | Necessity or common intention |
Requires landowner’s permission | No | Yes | No |
Registration required | Recommended but not necessary | Yes | No |
Can be challenged | Yes | Less likely | Yes |
When to seek legal advice for a prescriptive easement
You should seek legal advice if:
You believe you have acquired an easement by prescription and need to formalise it.
A landowner is challenging your right to use their land.
You want to remove or contest a prescriptive easement affecting your property.
You are unsure whether your use of land qualifies as an easement by prescription.
FAQ
Can an easement by prescription be registered?
Yes! While it's not always necessary, registering a prescriptive easement with HM Land Registry makes it legally stronger and easier to enforce if disputes arise.
What happens if a landowner blocks a prescriptive easement?
If you’ve used the land openly and continuously for 20 years, you may have the right to challenge the obstruction legally. A property solicitor can help you enforce your easement and restore access.
Can a prescriptive easement be transferred to a new owner?
Yes! Once established, a prescriptive easement is tied to the land, not the owner. This means future property owners will still benefit from or be bound by the easement.
Final thoughts
Prescriptive easements give you legal rights based on long-term land use, but proving and enforcing them can be tricky. If you think you have a prescriptive easement - or if you're dealing with a dispute - it’s worth getting expert legal advice. A solicitor can help you gather the right evidence, register your rights, and protect your access to the land.
References
Easements from Gov.UK
