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Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14361
Experience:  I did my law degree at the University of Queensland
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I purchased property in the Gladstone area, (QLD),

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I purchased property, 80 acres, in the Gladstone area, (QLD), in 2008. At the time there was a covered over track leading to the property. I talked to locals that have lived there all their life and informed me that the track had been used as access to mine and other properties in the area. The track is not situated on a gazetted road as the site for the gazetted road is very hilly. As explained to me by locals this was a "gentleman's" agreement to use the track where it is. I have been using this track for approx 5 years and slowly other people with properties are using it. The property that has part of the track on un-gazetted is owned by a big company and have purchased several other ones for water rights. Now the company intends to fence off existing track. This leaves myself and others with no access to property/ies. I am at the present building my house on property and have had approval to do so by council. Council in the past have no interest in providing access to properties and have since passed a "by-law" (that's what I think its called) that they don't have to and it is the owners responsibility and at their cost. what options are available to me to continue access to my property?

what options are available to me to continue access to my property?

You can apply to the Court for what is known as an 'easement by necessity'. This is for situations when the only way an owner can access his property is to go over the land of someone else. So if that is the case here, you would have a promising case.

Obviously you would need a lawyer to assist with this, but I may be able to recommend a good solicitor who could help. Just let me know if you're interested.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
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