Barrack room lawyer needed

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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Remove norubbish to reply

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.

Jack Russell 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.


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Graeme

terryc Wrote:
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).

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?


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cfsmtb

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