NSW Council road on private property, no easement

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veronica may

11 June 2020
Hi all, we live in a rural area and our neighbour went to market with their property, potential purchaser conducted land survey and discovered existence of road reserve across the sale property. This causes issues for seller however as a result of this (house and pool on the reserve), we became aware the actual road passes through our property (not aligned to the road reserve). We have been in discussions with local council (due to selling neighbour needing this to be rectified in order to be able to sell) regarding part sale (4000 sqm) of our block so the road reserve can be moved to reflect the actual road location. Despite the council being required to negotiate with us (per legislation) they have failed to do so and we are heading down the path of a compulsory acquisition. We know there are issues with this, however my question is not related to this failure by council.
We have just become aware now that council need to apply to the Minister for the road closure, as council passed the resolution to resume, and this process can take up to 18 months. We were aware of the compulsory acquisition process itself and the associated timelines but believed that process with the Valuer General would start immediately NOT after applying to the minister and the potential of another 18 months.
My question is - as the road is on our property, can we physically close the road, notify authorities (including council) of our intention to do so and in turn, force the process to be hastened (and maybe as a consequence, council to actual negotiate with us). We believe that we have legal liability for any incidence on this portion of the road, being on our property.
We don't have the funds to engage legal firms/solicitors so I'm trying to do as much of the leg work etc myself and any assistance would be greatly appreciated.