Should the owner of a landlocked property be able to access it by vehicle? Which case won?
RTA land sold to private buyer
This case concerned a property in south-western Sydney. The property was landlocked by three neighbouring houses to the south/east and by a council reserve to the north/west. Behind the council reserve was a footpath that ran along a river and was used by the public as a walking track.
For many years, the property had been owned by the Roads and Traffic Authority (RTA), which had plans to build a road along the river. However, the road was never built and the RTA eventually sold the land to a private buyer.
Attempts to negotiate with neighbours for access to property
The landowner attempted to gain vehicle access to the property from the south/east but was unsuccessful in his negotiations with the neighbouring landowners. He then requested that the council grant an easement to create a driveway across the council reserve to the north/west, adjacent to the footpath.
The council denied the request and the landowner made an application to the Supreme Court of NSW.