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The proposal aims to address issues of land ownership and encroachment concerns, including residents extending fences, walls, garages or other structures into the laneway, and some residents making adverse possession claims (claims to gain ownership of land through long-term occupation). Dedicating the land as a public road would provide a clear legal framework for resolving these matters, to ensure that the laneway remains accessible to the public.
Yes. The proposal does not change the function of the laneway. It will continue to provide access to properties and garages that currently use it.
Once the road is formally dedicated:
An encroachment occurs when a structure such as a fence, wall, garage, retaining wall or landscaping extends beyond a private property boundary and onto public land.
To ensure a consistent, fair and defensible response to encroachments following road dedication, the following tiered framework is proposed should the Minister approve the road dedication:
Tier 1 – Encroachments within ROW 20 (in excess of 150 mm)
Tier 2 – All other encroachments (Records show no more than 150 mm)
Tier 3 – Properties that have already lodged adverse possession claims
This tiered approach balances legal obligations, operational practicality, community expectations, and equitable treatment of affected landowners.
You are also welcome to provide your feedback by emailing
Phone: 9285 5000
Email: engineering@cottesloe.wa.gov.au