A prescriptive easement is a right to use someone else's land — such as a driveway or a path — that a person earns by using it openly and without permission for the statutory period. It works much like adverse possession, but it grants a right to use the land, not ownership or title to it. In Missouri, this is a common source of disputes between neighbors over long-used routes and driveways.
How a prescriptive easement works in Missouri
To establish a prescriptive easement in Missouri, the use of another person's land must be continuous, uninterrupted, visible (open), and adverse — meaning without the owner's permission — for ten years. That ten-year period is tied to the adverse-possession limitations rule under RSMo § 516.010. Every element must be met; if one fails, so does the claim.
The single most important point is that permission defeats the claim. Use that began with the owner's consent — given orally, in writing, or by a posted sign — is never "adverse," so it can never ripen into a prescriptive easement no matter how long it continues. Unlike adverse possession, a prescriptive easement does not require exclusive use; the owner and others can keep using the same way.
Why it matters
Prescriptive easements most often come up between neighbors over driveways, gravel tracks, and footpaths used for years across the boundary. For the person using the route, ten years of open, unpermitted use can ripen into a legal right to keep using it, and the landowner cannot simply close it off.
For the landowner, that means a long-tolerated path across the property can quietly mature into a permanent burden on the land. The practical lesson runs both ways: anyone relying on a long-used route should know it may already be a protected right, while an owner who wants to prevent one can stop the clock simply by granting and documenting permission before ten years pass.
Frequently Asked Questions
How long does it take to get a prescriptive easement in Missouri?
Ten years. The use must be continuous, open, and adverse — without permission — for the full ten-year period tied to RSMo § 516.010 before the right vests.
Does a prescriptive easement give me ownership of the land?
No. It is a right to use the land for a specific purpose, not to own it. The landowner keeps title and may continue using the same area, so long as that use does not block the easement.
Can I stop a neighbor from getting a prescriptive easement?
Often, yes. Granting permission — orally, in writing, or with a posted sign — defeats the adverse element, because permitted use is never adverse. Documenting that permission is usually the simplest way to prevent a claim.
Legal Disclaimer
This page provides general legal information about Missouri law and is not legal advice. It does not create an attorney-client relationship. Every situation depends on its own facts, deadlines, and documents; consult a qualified Missouri attorney before acting.