December 2012 : Beach Access Blocked? Developers and Rights Of Way

Ever since you (and your grandparents, and indeed everyone else in the area) can remember, you have all freely accessed the local beach via a convenient road. Then a developer buys up the land over which the road runs, puts up gates and booms, and restricts access to permit holders only. What are your rights? The High Court recently dealt with just that scenario, concluding (on the application of the local ratepayers' association) that the general public had a 'servitudal right of way', created by "ancient use or immemorial use", to cross the private land in question – unhindered by gates, booms or the need to obtain a permit.