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Highway robbery? Adverse possession of roads

Highway robbery? Adverse possession of roads

By Robert Bradley

Real Property 


The Road Management Act 2004(Vic)(RMA)continues to cause difficulties in relation to the adverse possession of roads created before the commencement of the Subdivision Act 1988.1 The Supreme Court’s decision in Anderson & Anor v City of Stonnington (Anderson)2 and the Court of Appeal’s dismissal of the applicant’s appeal (Anderson 2)3 both shed light on the law relating to public highways and the interpretation of the RMA. However, they do not sufficiently unravel the provisions of the RMA to provide a clear answer to the question, “When can a ‘road’ be adversely possessed?”

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