Gated tracks

Submitted: Tuesday, Dec 29, 2015 at 10:17
ThreadID: 131227 Views:1818 Replies:5 FollowUps:3
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Hi all
The other I got out the hema map and worked out a route to take for a a good day trip following tracks that weren't marked as very rough. Next morning headed off and found that the route I had picked was through private property with gates we went on for a wile through about four gates to find that the track all but disappeared to two very overgrown wheel tracks so we decided to turn around. Just wondering if we were trespassing or the tracks were legal to use there wasn't any no trespassing signs on the track we took, but some off to the side.
If a track is marked on a map (without any warnings or restrictions marked) can it be legally used.
Thanks
Darryl
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Reply By: Les - PK Ranger - Tuesday, Dec 29, 2015 at 10:29

Tuesday, Dec 29, 2015 at 10:29
You'd have to check with local council Darryl, many of HEMAs paper and digital scanned maps of these are out of date.
Sometimes access roads / road reserves get sold by councils, sometimes landowners simply acquire little used routes by fencing or gating illegally.

Personally I feel going through gates isn't wise for 4WDrs to do, it just makes the recreation look bad to locals who may have this land legally, and gives them a good leg up to say in the local scene how bad 4WDrs behave etc.
A 4WDr may have the best intentions, passing through / not camping, drive with consideration to the land, stock etc, but it still looks bad in the landowners eyes, I guess how someone would feel if a stranger parked a car in their front garden and left it their for a few hours / the day.

I find Google Earth is great to assist planning trips / routes.
You can follow map tracks on the sat images, and get a pretty good idea if a tracks turns into a paddock most times.
AnswerID: 594256

Follow Up By: Member - dazza141 - Tuesday, Dec 29, 2015 at 15:33

Tuesday, Dec 29, 2015 at 15:33
The main reason I turned around was because it just didn't feel right. But I did just look on google earth with roads highlighted and the track is shown very lightly.
Thanks
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Follow Up By: Allan B (Member, SunCoast) - Tuesday, Dec 29, 2015 at 16:12

Tuesday, Dec 29, 2015 at 16:12
Dazza,
Bear in mind that Google Earth is a satellite photographic image which is then processed in various ways. One of those processes is to identify roads and tracks which are then highlighted on the image to clarify. It is not cadastral map based.
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Allan

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Reply By: Allan B (Member, SunCoast) - Tuesday, Dec 29, 2015 at 11:27

Tuesday, Dec 29, 2015 at 11:27
.
Map publishers usually have a disclaimer in some form.

Hema's maps say "Conditions on this map are constantly changing. Whilst every effort has been made to ensure the accuracy of this product, the publisher accepts no responsibility for any errors or omissions which may be contained herein."

I would be very apprehensive about passing through a gate unless it was on a recognised public access road or track. The absence of a "trespass" or any other sign is no assurance of legal access.
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Allan

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AnswerID: 594258

Reply By: Sigmund - Tuesday, Dec 29, 2015 at 13:29

Tuesday, Dec 29, 2015 at 13:29
Yes, I agree with Les and Allan.
That said it's not unknown in Vic for locals to take down official road signs cos they don't want other people using 'their' roads or tracks.
Best to do your research first. In Vic a recent Rooftop or Vicmap topo is a much better guide to gates and seasonal closures than Hema.
AnswerID: 594261

Reply By: GarryR - Tuesday, Dec 29, 2015 at 16:34

Tuesday, Dec 29, 2015 at 16:34
I came across this scenario last year where the land holder placed gates on his land but had no right to restrict thru traffic, as the track was public. Where the problem also arises is when the land is sold (from leasehold to freehold) and an update to maps is not done, either by the mapping company, or the relevant info past onto these companies by the new landholder. I my opinion, when I am in doubt, I try and find the homestead and explain what I wish to do. Most times this is not a problem in getting permission, and in fact, the land holder will give me good advice on where to travel and what to see as I travel through is property.
location - Warragul -Victoria
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Follow Up By: Allan B (Member, SunCoast) - Tuesday, Dec 29, 2015 at 16:42

Tuesday, Dec 29, 2015 at 16:42
In fact Garry, even if and when the updated data is received by the mapping publishers, it can be some time, possibly years, before the particular maps are republished as a new version. Perhaps more particularly so for paper maps than digital.
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Allan

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Reply By: Dave Trees - Tuesday, Dec 29, 2015 at 19:28

Tuesday, Dec 29, 2015 at 19:28
"If a track is marked on a map (without any warnings or restrictions marked) can it be legally used."

In Victoria, whether or not a road or track is marked on a map - even the official state government produced maps like the VicMap / SpatialVision maps - means nothing as regards to whether it is legally open to the public or not.

AnswerID: 594277

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