QLD road reserve

[Docupedia]

Okay, that gives a bit more of an idea. Forget my previous post, if the following is correct. What you’ve described appears to be a reserve under the Land Act. This is where the state government allocates a parcel of land for a community or public purpose. In your case, a road reserve. When the allocation is made, a trustee is appointed. Usually that is the council - but not necessarily so. If the road reserve only services one or two properties, you may find you have been appointed trustee as the owner of the land. It is the trustee who is usually responsible for the maintenance and upkeep of the reserve.

If you go to the Department of Natural Resources, they should be able to tell you who the trustee of the land is (you may need to pay for a search). I’d suggest getting a copy of the reservation document, which may contain the terms and conditions of the reservation allocation.

 

[flea 20]

thanks will check but if council is trustee , would they be responsible for the upkeep ....... also on another map at dnr it showed in colour the roads under main rds and rds under council at the front of my property , the rd my so called d/way comes off and my so called d/way are marked as gazetted rds, how would i find out what the gazetted rds in the district are in a manner that the council would reconize

 

[Docupedia]

See part 3.1.1 of this: https://www.resources.qld.gov.au/?a=109113:policy_registry/roads-under-land-act.pdf

However, contrast with this: https://www.noosa.qld.gov.au/downlo...-or-maintenance-of-unconstructed-roads-policy re unconstructed roads. Note especially the explanation of 'unconstructed road' at the end of the document.

You're going to need someone to give specific consideration to your property, and your specific council.

 

[flea 20]

thanks, that noosa document was very intresting reading and what iv been looking for for my council ... as rod said will have to check to see if its a reserve on record and if so who the trustee is ... problem is cant really ask my council as here the rate payer is always wrong and they most probably wouldnt give any correct answers ,mate lives on a rural rd of about 1 klick and 6 houses with his being the last , rd needed grading and as he put the application in with his being the last house on a dead end rd was told as he was the last house his application would be low priority and he should to get a permit and grade it himself , wasnt till all the houses raised a stink saying the rd was dangerous that the council did the job ... plus with the amalgermation of councils its confusing , we had 4 councils joined together into a super council (with no choice in the matter ) then 2 years latter 1 council split itself off again so now with have the 3 councils combined into the one super council

 

[Rod]

... saying the rd was dangerous ...

^^ This is the way forward. Show council is trustee, explain they are liable if an accident is due to poorly maintained road.

 

[flea 20]

thanks very much rod , will put the out come up when finalised one way or the other so people may learn from it

 

[flea 20]

Okay, that gives a bit more of an idea. Forget my previous post, if the following is correct. What you’ve described appears to be a reserve under the Land Act. This is where the state government allocates a parcel of land for a community or public purpose. In your case, a road reserve. When the allocation is made, a trustee is appointed. Usually that is the council - but not necessarily so. If the road reserve only services one or two properties, you may find you have been appointed trustee as the owner of the land. It is the trustee who is usually responsible for the maintenance and upkeep of the reserve.

If you go to the Department of Natural Resources, they should be able to tell you who the trustee of the land is (you may need to pay for a search). I’d suggest getting a copy of the reservation document, which may contain the terms and conditions of the reservation allocation.

how would i find out about the reserve , would it have its own title or num that i could quote for the search as theres nothing on the survey maps that i have seen

 

[Docupedia]

It appears to be a very non-standard type of search. You'll need to contact Titles Queensland directly - Contact - Titles Queensland

 

[flea 20]

thanks just tried , say on their map its a council road which they dont have records for so said go to main rds , main roads say if a council road / reserve they wont have records for it and the council just says its a road reserve thats my responsibility to maintain and thats it ... in other words getting the run around ... the local tmr / titles office ladies are very helpful but i think are just out of their depth being a country town office

 

[Docupedia]

Call the main Brisbane number. See if they can help you do a search for whatever deed of grant dedicated it. That should point you to who the trustee is.