Act 4 William IV No.11 roads

A road opened or made under Act 4 William IV No.11 and closed before 18 October 1968 was vested in the owners of the adjoining lands by the publication of a notice in the Government Gazette. Each owner was entitled to take part of the closed road to the centre line or middle thread ad medium filum viae.

A road opened or made under Act 4 William IV No.11 and closed after 18 October 1968 vests in the appropriate road authority, either the Crown for Crown roads, or the local council for public roads pursuant to s.145(3) Roads Act 1993.

Lodgment in LPI

Where the lands adjoining the closed Act 4 William IV No.11 road are Old System, title to the land comprising the road may be obtained by the lodgment of an appropriate Primary Application together with the requisite evidence to support the claim. The primary application may also include the adjoining Old System land. It will be necessary for the applicant to supply:

  • a deposited plan defining the closed road as a lot (either separately or consolidated with adjoining land)
  • a copy of the notice in the Government Gazette closing the road, and
  • sufficient other evidence to support the claim.

Where the lands adjoining the closed Act 4 William IV No.11 road are Torrens Title, title to the land comprising the road may be obtained by lodging a Request form 11R (PDF 131 KB) pursuant to s.46C Real Property Act 1900. The Request should be accompanied by:

  • a deposited plan defining the closed road as a lot (either separately or consolidated with adjoining land)
  • a copy of the notice in the Government Gazette closing the road and
  • sufficient other evidence to support the claim.

Where the site of the road is external to the existing parcel(s) with separate registered proprietors on either side, the new deposited plan must adopt the centre line of the road as the boundary 'ad medium filum viae'.

Where the road being claimed 'ad medium filum' was created in an Old System subdivision, and the road was located on the outer edge of that subdivision, the land in an adjoining subdivision may not claim the site of the road - see Report with PA81716 Papers.