Easements: Right of way

[ben.h]

Hi all,
Does anyone know if a section of land defined as "Easement: right of way" (fire trail on private property in this case) allows for public access to that right of way for the purposes of getting to a public reserve on the other side?

The info provided by listmap doesn't give me a clear idea: https://www.thelist.tas.gov.au/app/cont ... 70d0e4842b
I've also found a report by the law reform institute, which could indeed have the info buried in it somewhere but I was unable to see anything on a cursory scan: http://www.utas.edu.au/__data/assets/pd ... portA4.pdf

Regards,
Ben.

[Azza]

Does anyone know if a section of land defined as "Easement: right of way" (fire trail on private property in this case) allows for public access to that right of way for the purposes of getting to a public reserve on the other side?

I believe that to be the case.
But I do know of a few places where I would want to try it on... I know of some fire trails in the Hobart area where every second tree has a private property sign - trespassers prosecuted / shot or something unpleasant.
I also know of some unpleasant confrontations occurring with unsavoury types, people who couldn't give a damn if there was a right of way on their property.
People who might have stuff to hide in them there hills...

[GPSGuided]

That's the purpose of easement.

[Paul]

An Easement on a Land Title names who is "Benefited" or who is "Burdened" by an easement.

An Easement does not necessarily mean the public has any right to use it - depends on the wording on the Land Title.

Paul.

[hobes]

As Paul suggests, accessing the Easement on Title should provide details of its purpose. I recall the cost to download a specific easement on a Title is around $30. You will need the Title details to get started.

Hobes

[tastrax]

Check here for a start and see if it's actually a right of way - LIST with easements showing

http://maps.thelist.tas.gov.au/listmap/ ... vyo.mailto

[ben.h]

Check here for a start and see if it's actually a right of way - LIST with easements showing

http://maps.thelist.tas.gov.au/listmap/ ... vyo.mailto

It is a "right of way", as I posted.

[Paul]

You would need to be aware of who the "Benefiting Easemant - Right Of Way" is applicable to - i.e. named on the Land Title.

Paul.

[ben.h]

Thanks Paul, that makes sense.
I have a feeling this particular right of way is probably for TFS, telstra, transend or someone similar.

Thanks everyone.

[greyim]

Not to be confused with a "paper road" which I believe is public land, but often sold on/peppercorn leased to adjacent land...?