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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44135
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Where land is vacant years and pedestrian traffic has had

Customer Question

Where land is vacant for many years and pedestrian traffic has had access to cross same for that time and that land is suddenly closed by the erection of fencing, what right have we the public to continue that access.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

No right at all. The owner of the land has a right to fence it off.

If you are wishing to argue adverse possession, simply using it as a thoroughfare is not enough. You have to have maintained it and improved it over a period of 12 years to the exclusion of others.

There is nothing you can do I am sorry to say.

If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Expert:  Leon replied 1 year ago.

Good Morning

I am just following up my last post. If you need any further assistance, please do not hesitate to contact me.

Have a great new year

Regards

Leon