A recent decision of the Queensland Supreme Court considered whether Beatrice Lane in Brisbane City is public or private land.
While delving into matters concerning rights of way and easements often involves looking into the history of the land, this matter was unusual in that the relevant facts started from when the subject land was first offered for sale in 1851 – before Queensland was a colony in its own right (December 1859), and when it was still part of the colony of New South Wales, no doubt seen by many Queenslanders as Something Of Which We Do Not Speak.
That of itself wasn’t of any real significance in the matter, but the decision does have a fascinating (for some) explanation of the various historical dealings with the property and 19th century land law.
https://archive.sclqld.org.au/qjudgment/2022/QSC22-190.pdf
QBM Lawyers advise in relation to land dealings and interests, including the obtaining and extinguishment of easements and rights of way. For any enquiries about those matters, contact Peter Muller peterm@qbmlaw.com.au
