Queensland properties often carry entitlements and obligations that aren't obvious from a street-level inspection. One of the most significant — and frequently misunderstood — is a right of way. Whether it grants pedestrian or vehicular access across your block, or gives you access to your own property through a neighbouring one, understanding what appears on the title before you purchase is essential. Getting this wrong can cost you significantly in disputes, legal fees, and practical inconvenience.
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Quick Answer
A right of way in Queensland is a registered easement that grants one party the right to use part of another's land for access purposes. It is binding on the land — not the individual owner — meaning it transfers with the title on sale. A title search will show whether a right of way exists on the property you're buying, but you'll need the actual dealing instrument to understand its precise terms.
What Is a Right of Way in Queensland?
A right of way is a type of easement — a registered interest in land that grants a person or entity (the "grantee") the right to use part of another person's land (the "grantor's" land) for a specific purpose. In the case of a right of way, that purpose is access — typically pedestrian, vehicular, or both.
In Queensland, rights of way are governed by the Land Title Act 1994 and must be registered on the Torrens title to be binding on third parties. They are not merely contractual — once registered, they attach to the land itself and pass automatically to every future owner.
Rights of way can be created between:
- Two privately owned lots (private right of way)
- A private lot and a local government or utility provider
- A private lot and the state, for access to public land or infrastructure
How Rights of Way Appear on a Queensland Title Search
When you order a current title search for a Queensland property ($74.50 through TitleFinder), any registered right of way will appear in the encumbrances section of the title. It will be described with a dealing number — a reference to the registered instrument that documents the full terms of the easement.
However, the title search itself doesn't tell you the full story. It shows you that a right of way exists, where it's registered, and in whose favour it runs — but it doesn't reproduce the precise width, permitted uses, maintenance obligations, or any exclusions.
To understand those details, you need to order an Image of Dealing Instrument ($91.80), using the dealing number referenced on the title. This document will contain the full terms of the right of way as originally registered, including:
- The exact location and dimensions of the access corridor
- Whether access is limited to pedestrians, vehicles, or both
- Maintenance and repair obligations
- Any restrictions on when or how the access can be used
- The benefiting lot (which property has the right to use it)
Types of Rights of Way on Queensland Properties
Not all rights of way are the same. Queensland properties can carry several distinct forms of access easement:
Private Vehicular Right of Way
Common on battle-axe blocks and properties with limited street frontage, a private vehicular right of way grants the holder the right to drive across the grantor's land to reach their own. These are common where a rear lot is accessed via a shared driveway or through the front lot.
Pedestrian Right of Way
Grants foot access only, typically across a portion of the lot. These appear on older subdivisions and sometimes on properties that back onto public reserves, laneways, or where a shared path agreement was created decades ago.
Right of Way in Gross
A right of way "in gross" benefits a particular entity — such as a local council, energy company, or telecommunications provider — rather than an adjoining lot. This type of easement doesn't require a benefiting parcel and can exist purely in favour of an organisation.
Statutory Rights of Way
These arise from legislation rather than voluntary registration. For example, certain service providers may have statutory access rights that are noted on the title, particularly for sewerage, drainage, and electricity infrastructure.
How Rights of Way Affect Property Value and Use
The impact of a right of way on property value and usability depends entirely on its nature and location. A narrow pedestrian path across the back corner of a large rural block may have minimal impact. A 4.5-metre wide vehicular access strip cutting through the middle of a suburban block can significantly restrict where you can build, park, or landscape.
Key considerations include:
- Building restrictions — You cannot erect structures within the access corridor without the consent of the easement holder and, in some cases, council approval
- Maintenance obligations — The dealing instrument will specify who is responsible for maintaining the access surface
- Neighbour disputes — If a right of way has been obstructed (fences, gates, parked vehicles), the benefiting party has legal remedies to enforce access
- Encroachments — Existing structures built partially into the access corridor can create significant legal exposure for the buyer
Survey Plans and Right of Way Location
The dealing instrument describing a right of way will usually reference a plan — either the lot survey plan or a separate easement plan — that shows where the access corridor sits on the block. Ordering the relevant Survey Plan ($85.90) is strongly recommended when a right of way is present, as it allows you to visualise the exact location and how it interacts with existing improvements.
For instance, if a seller has constructed a carport or shed over part of the right of way corridor, this could constitute a breach of the registered easement terms — which you, as the buyer, would inherit the liability for rectifying.
Checking Right of Way Access Before You Buy: A Practical Checklist
- ✅ Order a current title search ($74.50) and review the encumbrances section for any right of way dealing numbers
- ✅ For each dealing number, order an Image of Dealing Instrument ($91.80) to read the full terms
- ✅ Order the referenced Survey Plan ($85.90) to understand the physical location of the access corridor
- ✅ Physically inspect the property with the survey plan in hand — look for structures, fences, or vegetation within the corridor
- ✅ Ask the agent whether the right of way is actively used and by whom
- ✅ Confirm maintenance obligations and discuss with your solicitor or conveyancer how they affect the property's intended use
Common Mistakes Buyers Make
- Seeing "right of way" on the title and assuming it's minor — a right of way in a strategic location can materially constrain your development or renovation plans. Always read the dealing instrument.
- Not inspecting the physical location of the access corridor — documents tell you where the right of way should be; a physical inspection tells you whether structures have been built over it.
- Assuming the right of way can be removed — extinguishing a registered right of way requires the agreement of the benefiting party, a formal process through the Titles Registry, and sometimes court action. It's rarely simple.
- Ignoring rights of way in favour of the benefiting lot — if you're the one with the benefit (your land relies on access across a neighbour's title), you need to confirm the terms of that access just as carefully.
Key Takeaways
- Rights of way in Queensland are registered easements that bind the land, not just the current owner
- They appear in the encumbrances section of a current title search
- The title search shows a right of way exists; the dealing instrument tells you exactly what it allows
- Survey plans show the physical location of the access corridor on the block
- Structures built within a right of way corridor can create legal exposure for buyers
- Always order the dealing instrument and survey plan before exchanging contracts on any property showing a right of way
FAQ
Does a right of way show up on a Queensland title search?
Yes. Any registered right of way will appear in the encumbrances section of a current title search, referenced by its dealing number. You'll need to order the Image of Dealing Instrument separately to read the full terms.
Can a right of way be removed from a Queensland title?
Yes, but it's not straightforward. Extinguishment generally requires the written agreement of the party holding the benefit, a formal application to the Titles Registry, and payment of applicable fees. In some cases it may require a court order. Legal advice is essential.
Who is responsible for maintaining a right of way in Queensland?
Maintenance obligations are set out in the dealing instrument creating the right of way. Typically, the party with the benefit (the one using the access) bears maintenance costs, but this varies. Read the instrument carefully.
What if a structure has been built over a right of way in Queensland?
This is a serious issue. The structure may be in breach of the registered easement, and the benefiting party could require its removal. As a buyer, you should identify this before exchange and seek legal advice on how liability is handled in the contract.
How much does it cost to check a right of way in Queensland?
A complete right of way check involves three documents: a current title search ($74.50), an Image of Dealing Instrument ($91.80), and a Survey Plan ($85.90) — totalling approximately $252.20. This is a modest cost given the significant obligations that can attach to a registered right of way.
Need to check a right of way on a Queensland property? TitleFinder delivers fast title searches, dealing instrument images, and survey plans direct from the Queensland Titles Registry. Order your documents today and know exactly what you're buying.