Miss this issue when buying or using land, and the worst-case result is finding out too late that someone else has a legal right to keep crossing your property - or that your own long-used access route can suddenly be challenged. A prescriptive easement is a right to use part of another person's land that can arise when someone uses it openly, continuously, and without permission for a long enough time. Unlike ownership by adverse possession, a prescriptive easement usually gives only a use right, such as crossing a driveway, farm lane, or path, not title to the land itself.

In practical terms, this matters because property lines on paper do not always match how land has been used for years. A shared driveway, utility route, or access road may look informal, but long-term use can create enforceable rights. In Wisconsin, prescriptive easements are governed in part by Wis. Stat. § 893.28 (2023-24), which generally requires 20 years of qualifying use.

For an injury claim, the issue can affect who had the right to be there, who was responsible for upkeep, and whether a hazard should have been fixed. If someone is hurt on a disputed access route, arguments over premises liability, negligence, or notice can turn on whether a prescriptive easement existed. It can also complicate a sale, a title review, or an insurance claim after an accident on the property.