Ecolex Logo
The gateway to
environmental law
Search results » Legislation

Access to Neighbouring Land Act 1992.

Country/Territory
Australia
Territorial subdivision
Tasmania
Document type
Legislation
Date
1992 (2003)
Source
FAO, FAOLEX
Long title
An Act to provide for obtaining access to neighbouring land for the purpose of carrying out work and for incidental purposes and to amend the Magistrates Court (Small Claims Division) Act 1989.
Subject
Land & soil
Keyword
Land tenure Servitude
Geographical area
Asia and the Pacific, Australia and New Zealand, Indian Ocean, Oceania, South Pacific
Abstract

Where a person: (a) requires entry to land, other than a highway, for the purpose of carrying out work on other land; and; (b) the land on which he or she requires entry is adjoining or adjacent to the land in respect of which he or she wishes to carry out the work; and (c) he or she does not have the agreement of another person whose agreement to the entry is required -the first-mentioned person may apply to the court for an order authorising access to the subject land on such occasions and during such period as may be specified in the order. The court may make an access order if it is satisfied that the work for which entry is sought is reasonably necessary for the preservation of the land in respect of which the work is to be carried out, and that other requirements regarding access are fulfilled. Rights and obligation of the person requiring access are set out in section 7. In addition to any other remedy, the court may make an order for payment of damages by a party to the proceedings who fails to comply with a requirement of an access order or of section 7 (sect. 8). (16 sections)

Full text
English
Website
www.thelaw.tas.gov.au

References - Legislation

Implemented by

Access to Neighbouring Land Regulations 2014.

Legislation | Australia | 2014

Keyword: Land tenure, Access right, Legal proceedings/administrative proceedings, Servitude

Source: FAO, FAOLEX