Thread: Gate Access Questions

Originally Posted by ThorneGator

I'm not an Australian native, and so thought to ask those of whom have been here longer than I.....
Regarding traveling over tracks with gates, what is the law/ common courtesy regarding access. If the gate is closed but not locked are you able to travel through (leaving it how you found it)? No, not necessarily. Public gazetted road yes, private, no.
Are only certain gates allowed to be driven through, public vs private land, etc....? Public gazetted roads yes, private, no.
Despite a big sign that might say, "Private Property No Trespassing" how do you know if it can be accessed? You usually don't.Locked public gazetted road gates or big signs usually mean the property owner has been peed off by people accessing private property they shouldn't, or it could mean the owner of the private property on either side of the road is just being unreasonable.
For example, can you drive through a gate on private property to get to public land on the other side? No, there will nearly always be a legal access. The alternative if there is no legal access is to ask the private property owner for permission.

Thank you,

There are plenty of exceptions, one being for holders of Prospecting Licenses in WA, but there are still rules to abide by.

There have been cases where private property owners, as a gesture of kindness, have granted permission for certain people to access other property across private land. The unfortunate private land owner has then been taken to court and the access deemed to be an easement and legal access to the other property.

Around here there are plenty of Station owners who have legally locked gates because of idiots doing the wrong thing on Pastoral lease land.

And a road on a map doesn't mean it is a public road.

Bottom line, if in doubt do the right thing and seek permission.

Rick

Originally Posted by bushrover

There are plenty of exceptions, one being for holders of Prospecting Licenses in WA, but there are still rules to abide by.

There have been cases where private property owners, as a gesture of kindness, have granted permission for certain people to access other property across private land. The unfortunate private land owner has then been taken to court and the access deemed to be an easement and legal access to the other property.

Around here there are plenty of Station owners who have legally locked gates because of idiots doing the wrong thing on Pastoral lease land.

And a road on a map doesn't mean it is a public road.

Bottom line, if in doubt do the right thing and seek permission.

Rick

Thanks you Rick,
I appreciate the advice. One last question then regarding seeking permission.... To seek permission from the land owner, should I drive onto their property to their house and knock on front door. Just want to make sure I am being considerate, and not assuming something incorrectly.

Thanks

Essentially, if in doubt - ask a local. Even if it is at the pub, someone there will probably know.

As for going onto a property to ask permission, then yes, if you are staying on the driveway, and heading to the house, it is fine to drive. In fact, some of those driveways are a bit long, so if you choose to walk it, then pack your lunch..

Most properties will have some sort of name or number or other marking at the main entrance. If you stay on the road to the house, you should be fine.


But the one universal rule is - leave all gates as you find them. And, if you come across a locked gate, then find another way around.

It depends on the circumstances. As a general rule, it is OK to drive from the boundary gate by the most direct route to the house to see the occupier, for whatever reason. However, you need to take into account the fact that there maybe nobody at the house, or indeed on the property at the time you arrive.

In this case, an occupier returning home and finding strange tracks may be concerned, particularly if something seems to be missing, and he is likely to report to police. You may have been seen, perhaps from a distance or by a neighbour, or, in today's climate of often unreasonable fear and suspicion, you may have been the subject of a surveillance camera, and hence easily identified.

It is generally best to do a bit of advance planning, find out who owns the land you are planning to cross, and phone ahead.

As mentioned above, however, just because there is a gate does not necessarily mean that it is not a public road - seek local knowledge if possible!

And always leave gates the way they were - if it is open, it will almost certainly be for a reason, similarly if shut.

John

Also, if permission is granted to enter or cross private land, the exchange of a bottle of red goes a long way to cementing your newly established relationship and makes future permission easier.
Have also substituted a tray of mangoes or similar for the non drinker and if spending time on the property, there are always a few jobs that need doing around the place as another means of showing your gratitude.
Any of the above have a more lasting impact than a simple verbal 'thank you'.

Originally Posted by Xtreme

Also, if permission is granted to enter or cross private land, the exchange of a bottle of red goes a long way to cementing your newly established relationship and makes future permission easier.
Have also substituted a tray of mangoes or similar for the non drinker and if spending time on the property, there are always a few jobs that need doing around the place as another means of showing your gratitude.
Any of the above have a more lasting impact than a simple verbal 'thank you'.

Good advice from others here in answer to your question.

For me as a minimum, I will try to get a phone number and call ahead. A hand shake and face to face meeting goes a long way and as suggested a small gift will open more than locked gates. You can always offer to deliver the latest magazines, news papers, even tractor parts. Small gestures in the country go a very long way and be prepared to spend an hour having a cup of tea and home made cake.

Rick

Around my way there are several public roads that have been gated & or signed with "Private Property" by adjoining land owners & while not quite legal, it's been done for a reason & best to leave a sleeping dog lie.
Steve

Originally Posted by Saitch

Around my way there are several public roads that have been gated & or signed with "Private Property" by adjoining land owners & while not quite legal, it's been done for a reason & best to leave a sleeping dog lie.
Steve

Unfortunately that is happening more often some times with good reason but more often new owners don't know about the public access or just don't care particularly city owners who think city not country regards roads and gates (city people lock every thing)

so
ask a local
always leave gates as found
thank owners (little bit of graft is ok)
and you should be fine