QLD Property Law - Neighbour Applied to Takeover Council Road?

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12 March 2016
I have received a letter from the council asking if I object. Of course, I do object and will reply to this.

My neighbour has applied to take over the council road and amalgamate it into their adjoining land. My house has a back yard with a double gate forming part of the side fence and this forms my only access to the back yard.

The neighbour has the corner block and has apparently applied to take over this large piece of council road unsealed land which is grassed to amalgamate it into their adjoining freehold land.

I have owned the property since 2004 and they have owned their property for 1-2 years. Their property is also up for sale at the moment. I would like to know how I stand in this situation under Property Law and what I should say in my objection apart from the obvious access to my property and devaluing of it if the large piece of land approximately 810m2, giving me my only access to my rear yard was taken over. Can I apply to take it over myself as I am the only person requiring access from it?

The access to my block appears to be very old as the double gate opening onto the road is a very nice old decorative iron double gate with the people's names on it who put it there originally. I just want to stop this and want to put in a good objection with good grounds to protect myself from losing my access to my backyard.

Thanks if anyone can help me with this.

Michael T

Well-Known Member
9 April 2014
Did you have a look at the local council regulations? Apart from that, you would need to engage a local property lawyer to assist.