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Thread: Beautiful creek wrecked

  1. #61
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    Quote Originally Posted by Saitch View Post
    By all means you can have a watercourse running through your property but the issue here is that the property in question has a watercourse as its natural boundary.
    Also tide marks are not 'Folk Law'. Common law rule is that a boundary is defined by the mean high water mark.
    As requested please supply reference to legislation to clarify your assumption. By the way not trying to start a keyboard war. Happy as always to be corrected by way of guidance and seeing it on paper. I'm still not old enough to know everything. Getting close

  2. #62
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    Baz, from Qld Gov. 'Tidal and non-tidal matters.

    (3)Subsections (1) and (2) apply even if a person owns land having tidal boundaries or right line tidal boundaries on both sides of water subject to tidal influence.Example—
    A person owns land that has as its northern boundary a tidal boundary that is located on the southern edge of a river. The same person also owns land in the same locality that has as its southern boundary a tidal boundary located on the northern edge of the same river. The ownership of land on both sides of the river does not in these circumstances confer on the person ownership of the river itself.
    (4)To remove any doubt, it is declared that, before the commencement of this section, if a boundary of land (the relevant land) was formed by high-water mark—
    (a)other land that adjoined the boundary and was below high-water mark was, and always was, the property of the State, unless it was inundated land or a registered interest in the land was held by someone else; and
    (b)if the line of the high-water mark shifted over time by gradual and imperceptible degrees, the shift was a shift in the boundary of the relevant land.
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  3. #63
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    As always happy to be corrected. THANKS

  4. #64
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    These type of boundary issues are quite often an absolute nightmare for the surveying profession. They can involve an extraordinary amount of field work, office calcs' and a lot of dealings, some spurious, with legal involvement and government bureaucracy.
    'sit bonum tempora volvunt'


  5. #65
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    Quote Originally Posted by trout1105 View Post
    If you do this on your OWN land to deter hooligans from doing this sort of damage I personally don't see a problem much like putting a fence or gate up to prevent entry, If it is done on crown land or in the bush then YES it is definitely the wrong thing to do.
    the problem is that even if it is your own land, it's very illegal and you will go to prison if someone is maimed or killed as a result of your actions.
    In the worst case, it is called manslaughter.
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  6. #66
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    Put up a warning signBeautiful creek wrecked
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  7. #67
    DiscoMick Guest
    Quote Originally Posted by Gav 110 View Post
    Put up a warning signBeautiful creek wrecked
    That is actually a good idea, because then when you get sued you can mount a defense that you took 'reasonable precautions' and the other person ignored your precautions and acted recklessly.

  8. #68
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    Quote Originally Posted by DiscoMick View Post
    That is actually a good idea, because then when you get sued you can mount a defense that you took 'reasonable precautions' and the other person ignored your precautions and acted recklessly.
    Where are you getting your legal advice?
    You really need to stop sprouting such rubbish. Erecting a sign is clear indication that you have deliberately constructed a hazard. The plaintiff would make the most of that gem.
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  9. #69
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    Quote Originally Posted by barney View Post
    the problem is that even if it is your own land, it's very illegal and you will go to prison if someone is maimed or killed as a result of your actions.
    In the worst case, it is called manslaughter.
    Why would it be my fault that some tosser drove over the steel post that I have put there as tree stakes
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  10. #70
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    Quote Originally Posted by Gav 110 View Post
    Put up a warning signBeautiful creek wrecked
    Quote Originally Posted by DiscoMick View Post
    That is actually a good idea, because then when you get sued you can mount a defense that you took 'reasonable precautions' and the other person ignored your precautions and acted recklessly.
    Quote Originally Posted by V8Ian View Post
    Where are you getting your legal advice?
    You really need to stop sprouting such rubbish. Erecting a sign is clear indication that you have deliberately constructed a hazard. The plaintiff would make the most of that gem.
    Sometimes the law doesn't work the way most of us think it should.

    About 30 years ago at King's Canyon, I saw people who were a lot braver or sillier than I am sitting on the edge with their legs dangling over a sheer drop. There were also others standing on a ledge that protruded quite close to the most recent major rock fall.

    I asked the ranger why there were no fences or warning signs. His answer was that their legal advice was that they were better off with nothing because if someone fell in spite of their precautions, that was proof that the park had recognised the danger but didn't do enough to keep people safe.

    It seems that the legal advice was that the park was better off pretending they were not aware of any danger.

    I have no idea if that ranger was just making up a story.

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