Road Ownership

Roads can be private or public.

The ownership of private roads is usually quite straight forward, with ownership vesting in the possessor of the freehold title on which the road is located.

The ownership of public roads is typically more complex.

Victorian Road Management Act 2004

In Victoria, Schedule 5 of the Victorian Road Management Act 2004 includes some information about road ownership.

Subclause (4) of the schedule states that "Subject to subclause (6), a road vests in fee simple in the municipal council of the municipal district in which it is located upon becoming a road."

Subclause (6) states that:
Subclause (4) does not apply to—
(a) a freeway or an arterial road;
(b) a road that becomes a road if it is agreed
between the municipal council and VicRoads
that the road should vest in VicRoads;
(c) roads on Crown land;
(d) roads vested in a Minister or in any public
authority (other than a municipal council).

Related Pages

External Links & References

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