No private right-of-way over public street or road
90E No private right-of-way over public street or road
A private right-of-way cannot subsist over a public street or road and accordingly—
a private right-of-way cannot be granted, reserved or otherwise created over a public street or road; and
upon land becoming a public street or road all private rights-of-way over the land are extinguished; and
all private rights-of-way existing over public streets or roads immediately before the commencement of the Real
Property (Miscellaneous) Amendment Act 1994 are extinguished.
Subsection (1) extinguishes a right-of-way only in respect of land that is a public street or road and the right-of-way remains in force in respect of other land (if any) that is subject to it.
In this section—
a public street or road means—
a public street or road within the meaning of Part 17 of the Local
Government Act 1934;
a thoroughfare vested in a council, an authority or the Crown by section 223LF or by a corresponding previous enactment;
a public road referred to in section 27CA of the Highways
Act 1927, that the public is entitled to use as a street, road or thoroughfare.
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