REAL PROPERTY ACT 1886 - SECT 90E

REAL PROPERTY ACT 1886 - SECT 90E

90E—No private right-of-way over public street or road

        (1)         A private right-of-way cannot subsist over a public street or road and accordingly—

            (a)         a private right-of-way cannot be granted, reserved or otherwise created over a public street or road; and

            (b)         upon land becoming a public street or road all private rights-of-way over the land are extinguished; and

            (c)         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.

        (2)         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.

        (3)         In this section—

"a public street or road" means—

            (a)         a public street or road within the meaning of Part 17 of the Local Government Act 1934 ;

            (b)         a thoroughfare vested in a council, an authority or the Crown by section 223LF or by a corresponding previous enactment;

            (c)         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.