Local Government Regulation 2012

This section is about land that is subject to a public thoroughfare easement.

The local government in whose favour the easement is created has control of the land, subject to the provisions of the instrument that created the easement.

Control of the land includes the right to take all necessary steps for—

construction on, maintenance of or improvement of the land; and

regulation of the use of the land.

The local government is responsible for maintaining the land.

The owner of the land is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the land.

The owner of the land is—

if the land is land granted in trust under the Land Act—the trustee of the land; or

if the land is non-freehold land under the Land Act—the lessee or licensee of the land; or

if the land is a lot under the Land Title Act—the registered owner of the lot.

The owner of the land is not, and can not be made, civilly liable for an act done, or omission made, honestly and without negligence in relation to the land.

When deciding what rights and liabilities attach because of something that happened on the land, the land is taken to be a road under the local government’s control.