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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44662
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Legal access David Burman My land , and six other

Customer Question

Legal access David Burman HI My land , and six other properties have access via a neighbours property. There are two "roads" involved separated by about 100 years in construction. I call this "Lower Dakar." This is a rocw which is acknowledged by the Council,
and all,as a rocw - about 1 Km in length. The older ( 1895 plus) road also about a Km in length and has been assumed by all and sundry that it a valid means of access. (Upper Dakar) This is a highly contentious issue as the Council have pushed through a tourist
centre DA which violates the Council environmental plan LEP in just about every way. I established beyond reasonable doubt (Several confirmations in writing from DPI etc) that this upper Dakar was a Crown road and the developer should have been burdened to
upgrade the 2Kms of narrow road leading to the development.Council have not burdened the developer and does not respond to my queries. Suddenly a Crown Status Report is sent to me which denies Crown authority and the report indicates the area of land which
involves an acreage of about 4 acres Upper Dakar had been omitted /lost / forgotten about when a much larger piece of land was turned over by the Crown to a private person in about 1915. the report says it is a Reserve Road , a private Road and a rocw, and
all three are more or less coincident . But not entirely. A dwg I obtained from a local surveyor tends to bear this out. I question the council and they do not respond. However one person in an email said the Council consider it a private road - go away ,and
we have not the time to correspond on a one to one basis. The Reserve Lane boundary appears to be my boundary, the rocw wanders around - through my dam, and possible through a quarry in the neighbours property.. the Private road could be anywhere nearby. My
neighbour claims ownership as it appears on her title, but this must be in error. ( It has been a Crown road - I even have a letter from the council ten years ago admitting the fact,and if the neighbour had acquired it I would have been involved as an adjacent
property owner When I wrote to the Council - no reply- re Status Report I received an email inadvertently sent by a Councillor and ex Mayor to the GM and head of planning and development Quote Greg Watson 21 Dec (4 days ago) to Russ, Tim Hi Russ & Tim Would
it be possible register the section of the road as a Public Road subject to the beneficiaries entering into a deed to maintain it to Council’s satisfaction or as an alternative ask the L & E Court to register a R o W over it under the amended provisions of
the Act. There are potentially a number of other DA issues generated which I will not go into at this stage. I have attached other relevant emails. Regards, Greg.(###) ###-####End quote My questions 1) Who owns the private road now. The original owners are not
likely to turn up now! 2) Is the council obliged to assume the forgotten road? 3) If so then they would be liable to upgrade it to council DP65 standards at a cost of say $500,000.00! 4) currently the access road is being ripped to shreds by the developer
trucks and he will not compensate or make up the damage costs etc. 5) Are the previous DAs legal as they have been constructed without a legal access? 6)If above true I say there must be serious implications regarding insurance . what if serious accident -
I suspect the insurance company would distance itself .smartly/ & does a private road or rocw have to be registerd . If so ,where, and how can I find out. It can be difficult to prove if it is not so? Your opinion or advice please asap If I am correct is there
a way I could put a brake on the hast of the council to push this latest travesty of justice through their system.? They have proved themselves in other area as being incompetent and inconsistent, and a more cynical person than myself would surely believe
that there is collusion involved. 3 Attachments Preview attachment Crown Lands Status Report(5)(2).pdf [PDF] Preview attachment Survey SET consultants.pdf [PDF] Preview attachment Cram Survey 26 Jan 2011.pdf [PDF] Click here to Reply or Forward
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good AfternoonMy 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.This cannot simply be answered online based on what you have told me. I would suggest that you start by doing a historical search of your land and the other lands affected and follow from the initial Crown Grant haw the land has been changed and subdivided over the years. This will have to be manually done at the department of lands and you really should use a qualified Solicitor that understands property law. You have issues of Old System equitable rights etc that may apply. Once you have this information and know who owned what and if there are errors seek to have the rectified you can then take the council and the state government to court for their breaches of the law.It is not a simple nor a cheap exercise. When I did a historical search form the crown grant to date on my property I was out of pocket $1,500.00 and then had to pay the Solicitor I was using to go through and check all the Old System Documents etc and give me a report. This all had to be done because it is heritage listed and I Had to show evidence before I could make any application to restore and build. Do you know the person who acted when you purchased the land, this person is your best option to assist you.
Customer: replied 2 years ago.
In my submission I thought I included a pdf of the crown Status report and a DP drawing from a surveyor. Did you get this? If not I am not sure how to send them . Maybe using my regular email ?
Expert:  Leon replied 2 years ago.
Good Afternoon,The pdf I did not receive but it cannot answer what has happened from the past. You appear to be alleging that there is an issue with the neighbour claiming a road that you imply is not hers, but is shown on her title. Looking at a diagram I cannot tell you if it is correct or not. You appear to be saying that you do not agree with things.I would need to see the title of each property and also the Deposited plan that is registered and the title is part of. I need the ones registered with the Lands Title Office they are the ones that are current. You can email them to me on***@******.*** and then I can print them out and have a detailed look at them.
Expert:  Leon replied 2 years ago.
Good Afternoon
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
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.
I look forward to hearing from you.