Victorian Consolidated Legislation

Land Act 1958 - SECT 402

402. Right to enter and use an unused road

(1) Where the land on one side only of an unused road is fenced off from such
road the occupier of any unfenced private land on the opposite side of such
road shall obtain a licence under Division 8 of Part I or section 138 of this
Act to enter and use the whole of such road to the extent to which his land
abuts thereon. The occupier of such unfenced private land while he is the
licensee of such unused road shall when any dividing fence between such road
and any private land on the other side of the road is out of repair or becomes
insufficient be liable for one-half the cost of repairing such fence as if he
were an occupier within the meaning of the Fences Act 1968.

(2) Where the land on both sides of an unused road is not fenced off from such
road the occupier of any private land on either side of such road shall obtain
a licence under Division 8 of Part I or section 138 of this Act to enter and
use the half of such road on which his land abuts:

Provided that-

   (a)  if the occupier of the land on one side of the road consents in
        writing the occupier of the land on the opposite side may obtain a
        licence under Division 8 of Part I or section 138 of this Act to enter
        and use the whole of the road to the extent to which his land abuts
        thereon; or

   (b)  if both occupiers agree in writing as to the parts of the road for
        which each of them shall obtain a licence under Division 8 of Part I
        or section 138 of this Act and those parts together comprise the whole
        of the road to the extent to which their lands abut thereon they may
        obtain licences accordingly but no fence shall be placed on the road
        except at right angles thereto.