Do I have legal access to my property?

Is the property land locked?   ………………   It can be a very Grey Matter!

If you are intending to buy a property, aside from verifying ownership and other details, you need to ensure that legal physical access exists to the property.

Legal mechanisms or instruments of law can provide access to a property if direct access from a public thoroughfare does not provide such.

An easement giving “right of carriageway” across an adjoining property will often exist which should be registered on the title of the property.

Access can also be available via State Forestry and National Park Permissions, Crown Gazetted Roads, Stock Routes and existing tracks in use.

These access routes however, are not necessarily automatically available and must be clarified and verified by your legal representative or licensed conveyancer.

We have seen situations in both residential and rural settings where “handshake” arrangements between previous owners have left a new owner land locked without legal access to their property.

In these cases, a legal remedy can be sought by way of application to the court, however there is no guarantee that access will be granted by court order.

And if it is, there may be compensation ordered to be paid to the parties adversely affected by any access permission granted.

Proceed with Caution!

Drew Oliver

Regional & Rural Realty

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