Barrack room lawyer needed

Discussion in 'Australia and New Zealand' started by Jack Russell, Jun 2, 2008.

  1. Jack Russell

    Jack Russell Guest

    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

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  2. terryc

    terryc Guest

    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.
     
  3. Graeme Dods

    Graeme Dods Guest

    Jack Russell <[email protected]> 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
     
  4. cfsmtb

    cfsmtb New Member

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    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?
     
  5. Tom Hulse

    Tom Hulse Guest

    >> 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


    I'm not a barrack room lawyer but there is no time based right of way
    You need permission to use any private road or track, gated or not
    You can use government, council and 'gazetted' roads.
    Gazetted roads or reserves although marked on a map may not actually exist.
    In addition, when these were surveyed the surveyors didn't really care about
    the terrain, they just drew straight lines. Consequently many gazetted roads
    were actually built along the easiest alignment, not the surveyed one. In
    doing that the road strayed in and out of adjacent private property, hence
    the odd landowner took the opportunity to whack in a gate at the appropriate
    place and lock it.
    The 4WD clubs are cluey about all this - give their forums a try.

    Tom
     
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