Can property really be landlocked?

My family has owned a property in Queensland for generations. We are exploring options for the future, including building a house, but according to council regulations, we need access to a public road to do this. The nearest public road is more than 500 meters away.

The property has been accessed for around 100 years through a neighbour's property, but it is not a legal access and is not practical in wet weather.

There are only a small number of points where access to the property is practical all year round. In each of these cases we have attempted to negotiate generously with the neighbours however these negotiations have failed.

There is a legal access which was surveyed around 50 years ago however this has never been practical. Given the legal and regulatory changes in the intervening years, it is unlikely that this remains a legal option (though we are checking).

So, the question is, can it really be possible that a property is left without a legal, practical access? What happens when the cost of negotiations, and/or potential legal action, and/or infrastructure are more than the property itself? What options do we have? And does the state or council have any obligation to assist?

 

You have a legal access shown on title. The reason that it would cost more than the land itself to build a proper track/bridge etc to access it should have been considered at the time of subdivision (if it weren't for the access handle, the lot wouldn't have been subdivided).

How much value will building the agreed track add to your block? ie if it will enable further subdivision & attaching the right to build additional dwelling/s it will add value. Subdivision for the mere sake of splitting the block doesn't make sense unless it will add value.

 

I had a client who owned landlocked property with water access only to a point where their water facing house is. They had agreement with a neigbour to use a small dirt track past the neighbour on the neigbours land as access but in time they aged and looked to sell. The client sought legal advice and it wasnt so enthusiastic with questions over costly claims and court and the like. They bid and won the neighbouring property which vastly enhanced their property value as it now had access. They built a all weather drive/road way and a new fence and had a right of way given on title to their lot so the two lots each had access (which existed informally). They then sold the other property. It seemed to even make it easier to sell that property as questions about access and claims on title were all settled issues.

 

Thanks for the anecdote. In our case, the neighbours have been there for a number of generations, and sadly are not inclined to sell.

 

Since the time of the subdivision, new legislation has been enacted, protected vegetation, etc. This will probably prevent us putting in a road.

Access would lift the value of the property, but the costs involved may outweigh the upside.

 

If any of the neighbours ever develop council will not let your land be isolated.