Right of thoroughfare

[user 4485]

I think in most circumstances where your on a connecting road you would be ok as long as you remain on the road only & as you say leave any gates as found.
There have been examples of these types of connecting roads having "no tresspassing" + "keep out" signs illegally placed. One example was the Windeyer thru to Bishops View Rd Mudgee Hunter mentions above. The signs have now been removed.
On the other hand there would be examples where landholder's are within their rights to deny access so it's a hard question to answer + a question with a few answers depending on all the circumstances of the specific land. Best best get onto Crown Lands &/or ask the connecting property owner/manager about using the road.

 

[Mike Marsupial]

Thanks.

I guess the trick is to tread gently and keep sniffing the wind, short of any other indications.
I've been too busy here to chase up many of the great leads to info posted here, but I reckon it's worth doing and I'll get around to it when the weather prevents getting out and getting what we like getting.

Cheers, and may everyone find plenty of whatever they are looking for.

 

[mudgee hunter]

If you do find yourself ACCIDENTALLY in a trespassing situation, some states vary on how it is, correct me if im wrong.
There is a different definition and penalties for "enclosed land" as to say an "open unfenced block of land"
it gets weird...
if you drove over a cattle grid, that is fenced either side of course, one would think its classified as " enclosed land" , but it is technically not. It must have a gate, and the gate MUST be closed,
now if the gate was left open and you drove in, the ruling changes. The owner must ask you to leave immediately. 3 times! Failing this request now makes you "trespassing"
With a closed gate (enclosed land) that is entered the owner just has to ring the police to have you charged without warning.

How landholders handle the situation can vary dramatically. Also depending if you where still on the road or in his paddock. But always apologise and ask for his help of directions.
Even ask him of some public spots that he might know of that he likes. This might help relax the situation.
I have personally found most of the older cockies love a chat.

Tip. Some back tracks you will notice near an intersection, all the mail boxes. This is as far as the postie will go up that road. Usually indicating a dead end. If the road links up to another gazetted road, the mail boxes will usually be at homestead gate entrance.
If in doubt, swing in to a homestead and simply ask for directions.
They may even show you a good spot to prospect on their property!
below is a few tips for ganing access to private property guys

https://www.prospectingaustralia.com/forum/viewtopic.php?id=21540

 

[Wishfull]

Interesting. There are roads around that I know of that
some farmers have put gates on and use them to move stock and generally treat it as their property. So does the above give them the right to treat you as a trespasser if you go through one of these gates ?

 

[Guest]

Around nth nsw some of these esesments have been sold of 2 farmers which we called lane ways, between 2 properties (crown land) gov didnt want 2 look after them rabbits weeds etc ,but then u get what called western division land and there is old cob and co tracks on them and law of land u r aloud to use them as long as u stay on the track

 

[Wishfull]

Okay,what about in S.A. (South Australia )

 

[mudgee hunter]

So hard to tell with so many different variables. You will find the bulk of "right of ways" where you drive through one persons property to get to another, originally started with very large properties that got split up and sold into 2 ot much more properties. You could have a scenario where farmer "A" divided his farm up, made a "right of way" for ten 25 acre blocks along this road with no gate/s
This will be a privately owned and maintained road.
Lets say it crossed a nice little gold bearing creek that you could pull up and walk to the water crossing for a pan.
Technically your still on private land...
if this road linked to another gazetted road ( short cut) generally it wont be problem using it if there are numerous properties along it.
In this case generally if they dont want you going through it as a short cut, there will an obvious sign stating such.

the best indicator that it has been made a gazetted rd is a street sign. It may however have a "no through rd" (dead end) or a "no through traffic" ( means its still a dead end! But there is a least one more road off that one also, that is also a dead end)
But can still have a reserve, park etc along it.

In some cases where a cocky owns both sides of the road, they can erect a cattle stop grid that must meet certain requirements, safe working load, width etc, plus a gate to the side for very heavy vehicles and moving stock.
But this a newer legislation I beleive, and some of the older properties dont have to do this themselves if erected prior , but the the shire has to install them at their cost if they want the gate gone.

If you know of such a road that been recently lock gated that is gazetted road. Take a photo and send it to the local shire and demand a reply.
Had the same thing happen here with a self crowned upstart cocky.

And you can even find out through them if it is a public road.
Some councils have unmaintained, yet still a public road.

PS! DO NOT ALWAYS BELEIVE WHAT IS ON GOOGLE MAPS IS A PUBLIC ROAD!!!

 

[mudgee hunter]

One could never stero type this scenario. As it can have numerous outcomes.
# ask your local shire.
# ask the dept of land titles
# use maps six to help accertain lot numbers for reference. (Nsw only?)

These gates might be just for stock reasons only. If they where gated and not locked and no signs saying, "PRIVATE PROPERTY", keep out etc. Chances are its for stock reasons only.
If come across several "Shut THE GATE MATE" signs in my time, these are generally only put on public access gates with livestock involved.

TSR'S ( Travelling stock routes) in nsw have seemed to of changed in the last few years with rulings and access in nsw. And are not no so obvious or easy to find. And the DPI seem happier to do longer term leases to livestock farmers.
Previously they seemed to be a short term use, and vacant often. Leaving it a bit more open to public to camp a night or two and usually near water to get a fish in off the bank. Pluss the benefit of resting the ground for feed to grow in times between.
Now the DPI seem happier to do long term leases for revenue and ease of organizing sharing. $$$$$$$$$$ GOV
Thus leading to lock outs and over grazing.
Leaving the true need and principal of the original ideas of such redundant. $$$$$ GOV

Many a country town kid learnt to drive on these tsr's when vacant. Fished, had a teenage party bash out of town aways from annoying the township.
Police where happy to see them out of town and harms way.
They would camp the night and sleep it off the next.
Yep... burn out comps as many of us all did as young gun idiots....
Bit of circuit work.... but no harm or disturbance to the township people.
Think the cops where happy back then to get you out of town for the night for innocent dumb fun!