What Is a Prescriptive Easement in Nevada?

The four elements

Nevada courts require each of these for the full five years:

• Open and notorious use the owner could discover
• Continuous and uninterrupted use consistent with the type of use
• Adverse use, meaning without the owner's permission
• Use for the statutory five-year period

Prescriptive easement vs. adverse possession

Adverse possession transfers title and in Nevada requires payment of property taxes under NRS 11.150. A prescriptive easement transfers only a use right, does not require exclusive use, and does not require tax payment.

Permission defeats the claim

Use that began with permission is not adverse unless the user clearly repudiates the permission. That is why a short written license letter to a neighbor is one of the cheapest protections an owner has.

Common Las Vegas scenarios

Shared driveways, informal paths across vacant lots, access roads in rural Clark County and Nye County, and drainage across a neighbor's yard. Claims often arise when a new owner fences off a route the neighbor has used for years.

How owners prevent one

Practical steps:

• Give written permission and keep a copy
• Post signs stating use is by permission and revocable
• Interrupt the use periodically, such as closing a gate
• Record a notice or bring a quiet title action if a claim is asserted