
Right of Footway: means a right for a person authorised to do so to walk or bicycle over specified parts of another persons land at any time. Not to be confused with the 'Notation' on a Sealed Plan "FOOTWAY" (see lot 17 on the adjoining plan) which actually dedicates the land for the Public Use (even though the title may still be in the original subdividors name). A Right of Footway authorises a specific person or persons (by naming their title as benefiting) to use portion of another title for footway purposes, NOT the general public.
Any land which is shown on a sealed plan as a road, street, alley, lane, court, terrace, footpath or other kind of way is taken to be dedicated to, and accepted by, the public unless called “private” on the plan (section 95(1) LGBMP Act 1993)
“private” in relation to a way, means not subject to use by the public as of right (section 3 LGBMP Act 1993)
Any "Right" is an Easement. See Easement, Transfer of for how easements and therefore Rights are created.
SIMPLY:
This means that you cannot restrict the right of someone to pass over that portion of a title that is defined as 'Footway', nor can you build a structure over such area.
HOW WE ASSIST :
We can determine the location of such a footway on the ground and on plan to allow the design and construction of structures that do not intrude on this right.