council road on my property

[nose]

Live in a rural area, dirt road. Asked council to put down a tar seal out front of the house as the house built very close to dirt road and all traffic goes through front road, another 12 households, creating dust.
Upon the research I find that the road is actually on my land and that all those vehicles travel through my property every day.

Does anyone know the legal implications of this please?

Council says I need to get a survey of the land to see if that is the case at my cost .

In six maps, the NSW govt maps site it is clear that the road is passing through my land, not just at the border either , quite a way in.
And yes, about the tar seal, there is no money for this year's budget and they will flag it for approval in next year's budget.......
I am wondering if I can make them do something on the basis of where the road is?

 

[Rod]

How long has the road been in existence? How long have you owned the property?

 

[Rob Legat - SBPL]

You need to have someone who practises in property law in your state investigate your title to see whether you have an easement (or similar) registered over the land, and the terms of it.

 

[Rod]

I suspect an easement exists. Either on title or by prescription (allowed in NSW). In which case I think, but not sure, council is not obliged to do anything.

Are the other properties landlocked or are there other ways in?

If you can negotiate with the council to either move the road or tar it you've done well.

FWI - pot holes are great for slowing traffic and reducing dust

 

[nose]

How long has the road been in existence? How long have you owned the property?

 

[nose]

Thank you all for the info.
The block was subdivided in 2004 . The road has been there for ever, much longer than 30 years...
I purchased the block 12 months ago. My solicitor never said anything about the position of the road.
All the residents below me are landlocked as it all ends up in a dead end with no other road access out.

 

[Clancy]

Thank you all for the info.
The block was subdivided in 2004 . The road has been there for ever, much longer than 30 years...
I purchased the block 12 months ago. My solicitor never said anything about the position of the road.
All the residents below me are landlocked as it all ends up in a dead end with no other road access out.

They cannot sell you a property without specifying the existence of an easement. If however there is no official easement, but the easement is required, then the sellers have pulled a fast one on you, and i do not know what you do about that?

 

[Rob Legat - SBPL]

(Depending on the state law) properties can be sold without disclosure if the encumbrance is discoverable by search. If it is a registered easement, for example, that's discoverable by search.

In that case, it might be a question of going back to whoever did the conveyance. The problem is, however, that you do appear to have been aware of the road when you bought.

 

[Clancy]

(Depending on the state law) properties can be sold without disclosure if the encumbrance is discoverable by search. If it is a registered easement, for example, that's discoverable by search.

In that case, it might be a question of going back to whoever did the conveyance. The problem is, however, that you do appear to have been aware of the road when you bought.

Yea, it seems as though he was aware, in which case land value is less of an issue, and it is more about road maintenance costs.

It would be interesting if it is 'not' an easement because over the years it was somehow overlooked. And obviously the council is going to want to impose an easement, and that may be why they are being co-operative?

 

[nose]

(Depending on the state law) properties can be sold without disclosure if the encumbrance is discoverable by search. If it is a registered easement, for example, that's discoverable by search.

In that case, it might be a question of going back to whoever did the conveyance. The problem is, however, that you do appear to have been aware of the road when you bought.

I would be very surprised if there was an easement because I was told about the easement I have to the dam next door by the solicitor. As far as me knowing the road was there , yes the road was there, but I had no idea idea that the fences were not in the right place and it would seem I own land either side of that road. the original survey done to subdivide the block from a larger farm shows the road outside the fenceline. But the six maps boundaries maps , shows the subdivision to exist on either side of the road. We are talking about a small dirt dead end road, which once upon a time only service 1 farm . Now they have all been subdivided into smaller blocks and we have 12 households over time. I can also see that it isnt just my property affected its several properties.