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I have a driveway over council land from my road to the rear…

Customer Question
Hi, My name is*****...

Hi, My name is***** have a driveway over council land from my road to the rear of my property. This driveway was on the property when I purchased it around 30 years ago and for the first couple of years the council graded it when they worked on the road. The council land consists of hectares of bush currently a haven for snakes and bandicoots and is covered in feral and noxious weeds which over the years I have endeavoured to keep some control over. I'm not absolutely, sure, however I believe it is currently designated as future parkland. As the council has consistently over the years declined to seal the gravel road at the front of the property citing lack of traffic I cannot see it being used for public use in the foreseeable future. I would like to know what is the legal position re claiming right of way over council land?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Queensland

Lawyer's Assistant: Has any paperwork been filed?

No, I am just looking at the possibility, or whether it will end up in the too hard basket.

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

I do not think so

Submitted: 10 days ago.Category: Australia Law
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Answered in 36 minutes by:
7/11/2018
Solicitor: Leon, Solicitor replied 10 days ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 10 days ago

Good Afternoon

Do you know if it is registered as an easement giving you the right to use it?

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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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