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My question relates to right of way on section of our

Customer Question
My question relates to...

My question relates to right of way on section of our private property that has been used as a walking track for 12 years. Council maintains weeds and grass on it. We want to subdivide and close it. Can Council insist we retain it as a Right of Way? I have written details on a separate sheet.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Victoria

Lawyer's Assistant: Has anything been filed or reported?

I have good documentation just over one page.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This is too good to be true, how to earn any money or do you later charge a fee?

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/21/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,702
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

Is it registered on title or is it simply by general use?

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Customer reply replied 7 months ago
Not on title - it was to be a road on the boundary of two ten acre properties providing a link between two existing roads. Originally it was to provide access to properties if and when subdivided. Council once held $105,000 for eventual construction for our half. Later, our neighbour changed this arrangement and we received our money back. Council has maintained weeds and grass. It is a walking track, tree lines, all of which we have planted.
Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

If it is not on title then it is only a right of way by use

If it ceases to exist will it impact on the access to anyone land?

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Customer reply replied 7 months ago
Thank you for your efforts thus far, Leon but I will cancel it and refer to another so that I can supply documents. Doing it this way will not provide what I want. Have i committed to having spent my $76?
Solicitor: Leon, Solicitor replied 7 months ago

I will request you get a refund if you do not wist to continue.

If you have any documentation it would be of assistance.

I would need to see them and then ask a few more questions.

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Customer reply replied 7 months ago
let us discontinue and return the $76 if you are able. I tried it to see how you operated.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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