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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5709
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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24 years ago we purchased a 5 acre property in Qld. The access

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24 years ago we purchased a 5 acre property in Qld. The access to the property is by using a road on the eastern edge of a designated recreation area. Our land was settled under a Govt lease in the early 1920s and at a later date, the recreation area was established. We understood this road was our access road to our home (built c.1929) and have only recently discovered our access, according to Council, is from another road about half a kilometre away! We have a letter from a family member of the original settlers stating that this road has always been the sole access to our property. Do we have the right to continue using this road as our access because of the length of time it has been in use?

Sadly the Qld legislation does not allow for an 'implied easement' if it is not recorded and registered.

Section 195 of the Land Titles Act does not allow it sadly, regardless of the time frame.

You may continue to use it if there is no dispute, but as it is not registered, it can be taken from you.

Please accept.

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Customer: replied 3 years ago.

Thank you for your least we now know where we stand on the matter.