Barrack room lawyer needed

Jack Russell

What are the laws on right of way in Australia?

In the UK if I use a road/ track for 15? years then I establish right of
way.

Also I can use a private road provided it is not gated.

I know the "squatters" rules still apply in OZ but what else

Thanks

--
Remove norubbish to reply

terryc

On Tue, 03 Jun 2008 11:30:40 +1000, Jack Russell wrote:

> What are the laws on right of way in Australia?

My guess is that you are talking about access to roads?
AFAIK, it isn't clear.
In NSW, at one stage, if it was marked on the map (aka a declared road ws
shown)then you had okay to use it, but sometimes the track on the
ground didn't follow the surveyed road on the map(purple lines).

In the NSW Western division (almost all leasehold land), that all changed
a few years ago with the growing attitude that people are not responsible
for their own stupidity and a whole mountain of leaseholders pointing out
that many of the roads that the public were travelling on were actually
private roads and if the NSW government didn't want to see them all closed
off, they would have to accept responsibility, so some became declared
roads.

> In the UK if I use a road/ track for 15? years then I establish right of
> way.
>
> Also I can use a private road provided it is not gated.

AFAIK, only with owners missions. note, rights of way through private
lands are not public rights of way, but solely given to landholders who
need access to their propery that would be otherwise landlocked.

Note, many utility roads (powerlines, telephone, railway) are not public
roads.
>
> I know the "squatters" rules still apply in OZ but what else

what squatters rule?
Adverse possesion is not squatters rules.
>
> Thanks

Perhaps you would be better off posting the specific access you are
enquiring about.

Generally, you get best success by just enquiring if there is any problem
if you go through. Genuine country folk usually have no trouble, unless
they have had prior trouble.

Graeme Dods

Jack Russell <jackr@norubbish.tpg.com.au> wrote in news:48449ec4$1
@dnews.tpgi.com.au:

> What are the laws on right of way in Australia?
>
> In the UK if I use a road/ track for 15? years then I establish right of
> way.
>
> Also I can use a private road provided it is not gated.
>
> I know the "squatters" rules still apply in OZ but what else
>
> Thanks
>


No idea myself, but the guys over at aus.bushwalking (copied in here) may
also be able to help.


--
Graeme

cfsmtb

Anyone here have a reasonable overview of UK law? If memory serves me well (or badly) here in Aus. we don't enjoy the same rights and there's some historical reason for that. Or not, maybe the early legal process involving right of way got screwed over by the squattocracy?