If you've been using a path, driveway, or utility route across someone else’s land for years, you might have a prescriptive easement - a legal right to continue using it. But proving it isn’t always straightforward. You’ll need solid evidence to show that your use has been continuous, open, and without permission for at least 20 years. In this guide, we break down what prescriptive easements are, how to prove them, and what happens if they’re challenged.
What are easements?
An easement is a legal right that allows someone to use another person's land for a specific purpose, without owning it. Easements are commonly used to grant rights such as:
Access – The right to pass through another property (e.g., a private driveway).
Drainage – The right for water, sewage, or rainwater to pass through pipes or ditches on another’s land.
Utility connections – The right for electricity, gas, or telecommunications to be supplied via another property.
Easements provide legal protection for ongoing use and help prevent disputes between landowners. However, they do not grant ownership - the land still belongs to the original owner.
What are prescriptive easements?
A prescriptive easement is a legal right that develops over time when someone continuously uses another person’s land without permission, secrecy, or force for at least 20 years.
👉 You can learn more in our guide to what are prescriptive easements.
Key features of a prescriptive easement
✅ Long-term use: The land must have been used for at least 20 years.
✅ Open use: The landowner must have been aware of the use, but did not stop it.
✅ Without force: The use must have been peaceful, with no disputes or objections.
✅ Without permission: The use cannot have been granted by the landowner (e.g. through a written agreement).
💡 Example: A homeowner has used a private path on a neighbour’s land for 25 years without asking permission. If the neighbour later tries to block access, the homeowner may have a legal right to continue using it as a prescriptive easement.
How can you prove a prescriptive easement
To successfully prove a prescriptive easement, you’ll need strong documented proof to support your claim.
📌 Witness statements: Testimonies from neighbours, former property owners, or others who can confirm the land has been used without interruption for over 20 years.
📌 Historical documents: Old maps, property deeds, planning records, or land surveys that show the access route, drainage, or other easement has existed for decades.
📌 Photographic evidence: Photos of tracks, pathways, roads, gates, or drainage systems proving long-term use over time.
📌 Legal records: Copies of deeds, agreements, or past legal correspondence referencing access to the land.
📌 Statutory declarations: Legally sworn statements from individuals confirming the uninterrupted use of the land. These carry significant weight in legal proceedings.
📌 Physical evidence: Visible signs of use, such as well-worn paths, vehicle tracks, pipelines, or signposts, indicating a long-standing right of access.
Why is this evidence important?
If the landowner challenges your right to use the land, having clear evidence makes it much easier to:
Defend your claim – Prove your long-term use in case of a legal dispute.
Register the easement – Apply to HM Land Registry to secure your rights for the future.
Prevent access issues – Stop the landowner from blocking or restricting your access.
💡 Tip: If you’re unsure whether you have enough proof, an easements solicitor can help gather the necessary evidence and guide you through the registration process.
The 20-year rule explained
If you’ve been using a path, driveway, or other access route across someone else’s land for at least 20 years, you may have a prescriptive easement - a legal right to keep using it.
Under the 20-year rule, the law assumes that if a right has been used openly and consistently for two decades, it has been used 'as of right' -meaning:
✅ Without secrecy – The landowner knew about it but didn’t stop it.
✅ Without force – There were no disputes or legal action to prevent use.
✅ Without permission – The landowner never formally agreed to it.
However, the burden of proof lies on the person claiming the easement. You’ll need to show that the use has been continuous for over 20 years.
What if the landowner challenges the easement?
If the landowner can prove that:
❌ They gave explicit permission for the use at any time.
❌ They objected to or blocked the use.
❌ Or there was an implied agreement allowing access.
Then the claim for a prescriptive easement could be denied. However, if the landowner simply tolerated the use without saying anything, the law may assume they consented, which could strengthen the claim.
Can you prevent a prescriptive easement?
If you own land and want to stop a prescriptive easement (a long-term right of use) from forming, you need to take proactive steps to prevent someone from claiming access over time. Here’s how:
Grant formal permission: If you give written consent for someone to use your land, their use is no longer considered 'as of right' (without permission). This prevents them from claiming a prescriptive easement in the future.
Block access: Installing gates, fences, or barriers can physically prevent use and show that access is not permitted.
Challenge claims early: If someone is using your land without permission, don’t wait. Formally object before they reach the 20-year mark to prevent them from claiming a legal right.
Put up signs: A simple sign stating 'Private Land – No Public Right of Way' or 'Access by Permission Only' makes it clear that use is not permitted freely. This weakens any future prescriptive easement claim.
Taking preventative action early can save you from legal disputes down the line. If you’re unsure about your rights or need to challenge a potential easement claim, consulting a property solicitor can help you protect your land.
FAQ
Can prescriptive easements be registered with the Land Registry?
Yes! Registering a prescriptive easement with HM Land Registry makes it official, protecting your right to use the land and helping to prevent future disputes.
What happens if the landowner disputes the claim?
If the landowner challenges the easement, you’ll need to prove in court that you’ve used the land openly, continuously, and without permission for at least 20 years. This might involve witness statements, old maps, or legal documents.
Can a prescriptive easement be removed?
Yes, an easement can be removed if it is no longer used, abandoned, or successfully challenged legally.
Final thoughts
Proving a prescriptive easement requires strong evidence of long-term use without permission, force, or secrecy. If you believe you have a prescriptive easement or need to contest one, seeking legal advice can help clarify your rights and next steps.
