Legal questions about inheritance and land rights

Questioner

our garden borders a fire lane, and this fire lane/yard path continues to a closed exit in another street. now the neighbor claims this land. because in his deed of sale the dimensions according to him the land belongs to him. according to me the right of way should be indicated in his deed of sale. despite the fact that it is his land. how exactly does this work.

Lawyer

This partly depends on how the piece of land in question is named in the various deeds of sale. Easements can arise because they are established (notarially) but can also arise through prescription. The easement of the right of way can arise through prescription and not be mentioned in the deed of sale, but then it must still be respected by the neighbor.