When do I have the right of way?

Questioner

Good evening, At the back of my garden is a shed with a door that opens onto a fire lane. For years and years, this back entrance has been used daily to get to my garden. By me since 2018, but before that also by the previous residents for about 40 years. The fire lane appears to be owned by the house behind my house, not by the municipality. That house has been sold and the new owners have placed a gate at the beginning of the fire lane. In itself a safe idea. But neither I nor the neighbours, who also have a back entrance that leads to that fire lane, get a key. So we can no longer use our back entrance to get into our garden. Is this allowed? What are my rights? My deed of sale does mention easements but not this 'right of way'. Thank you in advance for your response!

Lawyer

You can appeal to the acquisition of an easement of way by prescription. The owners of the servient property can indeed place a gate under issue of a key to the limited rights holders, you can legally enforce this. I would start by having a letter drawn up in which the situation, the rights and the obligations are legally worded. If you wish, I can draw up the aforementioned letter for you. In that case, please contact me immediately.