Blog · September 27, 2026
What Is a Prescriptive Easement
A prescriptive easement is a right to cross land that may arise from long, open, adverse use, if that state's tests are met.
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It is not drawn on the original plat. It is claimed from use, then proved or agreed, and it should be recorded once it is settled.
On the recorded sheet
A worn path is evidence of use, not a judgment. The elements and the time period are state law.
The mix-up to avoid
You cannot create one by labeling a track on a web map. This is a title question, and the plat will not show it until someone records the outcome.
Find the county map
Start at Platbookmapper, search the county, and open the local GIS link. Write down the parcel number before you compare the screen to a paper plat.
Not a survey. County GIS and tax parcel maps are assessment and planning layers. They are not a substitute for a recorded plat, deed, or licensed survey.