Can I own our gazetted road?

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Ann Jones

Member
28 September 2021
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We have a livestyle block of approx. 200 acres. There is a council gazetted road which we have never made. Currently we travel across neighbours land to access our property. I have been lead to believe there is a possibility for us to "own" that gazetted road, taking it out of the hands of the Local Council. Is this correct? and if so, where would I go to start this process.? The land is in Queensland.
Many thanks,
Ann
 

Docupedia

Well-Known Member
7 October 2020
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54
794
I'd suggest reading this document: https://www.resources.qld.gov.au/?a=109113:policy_registry/roads-under-land-act.pdf

Look at 'Closing a road' and then 'Dealing with a closed road'. According to the document, once a road is closed it becomes 'unallocated state land' which can be amalgamated into adjoining lots for a price. I would suggest that this is not a DIY proposition, and you should find yourself a property solicitor who can undertake the process for you.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
We have a livestyle block of approx. 200 acres. There is a council gazetted road which we have never made. Currently we travel across neighbours land to access our property. I have been lead to believe there is a possibility for us to "own" that gazetted road, taking it out of the hands of the Local Council. Is this correct? and if so, where would I go to start this process.? The land is in Queensland.
Many thanks,
Ann
Whose land is the surveyed road on?
Yours (ie it's part of your lot)?
Theirs? (ie it's part of the neighbours' lot)?
(perhaps it's an easement, not a road)
Or, is it actual Crown Land...?
Have you looked at your DP?