Hello friends,
My family owns a rural freehold property that does not have legal access and has never had it as far as we know. Our property is located on a peninsula and the only way in our out is via terrible informal tracks that are on the C Class reserve to our north. After the C Class reserve the track continues into Fitzgerald River National Park (Class A) which from there finally reaches a gazetted road that is part of the public road network. The total distance is about 17km, which we understand is a significant cost for the local shire which is why they have no intention to put a road. I've spoken to the state government and they've effectively said only the shire can apply for a road and as mentioned they simply say they have no money. It only makes sense to me that the shire should be lobbying the state and federal governments for the money but they're simply having none of it. After all the shire has stated "that it is my legal entitlement to have legal access but it is not their obligation to put it in" So who's is it?
The shire have said that since its the federal/state government that ultimately made the land available as freehold without legal access then they should be the ones paying to solve the matter. But if the local government doesn't lobby for grants then how is that ever going to happen?
It's all a load of beaucratic bs.
As im sure you understand this puts us in an impossible situation when considering any development. Even if I wish to simply yo build a house I will be denied due to lack of legal access.
I suppose my question is what are my rights regarding getting the shire to put a dedicated gazetted road in? Or possibly an easement?
I'm not really sure if an easement is applicable given the large distance and the fact that it goes through national park. Obviously we'd prefer a dedicated road that the shire is responsible for but I'm open to any and all advice.
I intend to go speak to a lawyer after I've collected some more information, I appreciate everyone's help in this matter.
I'm sure I've missed some vital details by all means ask away and I'll provide answers to the best of my knowledge.
My family owns a rural freehold property that does not have legal access and has never had it as far as we know. Our property is located on a peninsula and the only way in our out is via terrible informal tracks that are on the C Class reserve to our north. After the C Class reserve the track continues into Fitzgerald River National Park (Class A) which from there finally reaches a gazetted road that is part of the public road network. The total distance is about 17km, which we understand is a significant cost for the local shire which is why they have no intention to put a road. I've spoken to the state government and they've effectively said only the shire can apply for a road and as mentioned they simply say they have no money. It only makes sense to me that the shire should be lobbying the state and federal governments for the money but they're simply having none of it. After all the shire has stated "that it is my legal entitlement to have legal access but it is not their obligation to put it in" So who's is it?
The shire have said that since its the federal/state government that ultimately made the land available as freehold without legal access then they should be the ones paying to solve the matter. But if the local government doesn't lobby for grants then how is that ever going to happen?
It's all a load of beaucratic bs.
As im sure you understand this puts us in an impossible situation when considering any development. Even if I wish to simply yo build a house I will be denied due to lack of legal access.
I suppose my question is what are my rights regarding getting the shire to put a dedicated gazetted road in? Or possibly an easement?
I'm not really sure if an easement is applicable given the large distance and the fact that it goes through national park. Obviously we'd prefer a dedicated road that the shire is responsible for but I'm open to any and all advice.
I intend to go speak to a lawyer after I've collected some more information, I appreciate everyone's help in this matter.
I'm sure I've missed some vital details by all means ask away and I'll provide answers to the best of my knowledge.
