We’ve received several emails as a result of the Elster Creek posting and photos. It seems that in recent times residents all along the trail have received notices from Council informing them that land within the trail is/was going to be ‘vested’ in Council. In other words it was probably private property, or under the control of the old MMBW and would now be turned over to Council.
Several properties along the trail have over the years moved their fence line out further into the trail given that the land was within their title. Council has known about this for more than a decade – ie that residents are claiming their property rights! There are new developments backing onto the trail at present. We’ve received a photo where one of these properties had a stake driven into the ground outside the current existing fence line. We therefore surmise that given the history of this strip of land, more land will soon be disappearing behind private fences.
This then leads on to crucial questions:
- How far into the trail will these new fence lines encroach?
- Will the new, brand spanking concrete pathway be impacted?
- If it will, then why didn’t council investigate this possibility before expending hundreds of thousands of dollars on the yellow brick road – especially when this type of activity has occurred several times already in the past?
- Have any ‘secret’ deals been conducted with adjoining property owners? Has any money been handed over in order to safeguard the Trail pathway and to cover up any shortcomings?
We are of course only surmising that this is likely to occur. But what is absolutely clear is that once again this administration hasn’t done its homework. For all we know, residents could have the legal right to move their fences smack into the middle of this glorified and expensive path. The shambles and incompetence seems to continue unabated.
Glen Eira Debates 
January 9, 2012 at 4:14 PM
The right hand has got no idea what the left hand is doing. I can’t believe that anyone in their right mind would build something on private property when they’ve known, or should have known that this was private property. This council has got 1000 employees. You’d reckon that some of them would be surveyors, engineers and proper lawyers that checked titles before they go off and spend hundreds of thousands of dollars on building a path that looks like a dam wall. Why didn’t they think of putting in channels into the concrete first of all to let the water drain away. This whole story is chapter after chapter of colossal bungled work. I want to remind people that Newton gets at least $340,000 per year to get it right. He hasn’t!
January 9, 2012 at 4:27 PM
Pay him less, this might do two things, he will improve his act, or he may go away, either way be benefit.
January 9, 2012 at 5:43 PM
If I was a land owner or property developer and discovered that I could get another 20 square feet of land added to my block, then I wouldn’t give a damn about a stupid concrete block. I’d make them remove it or pay me out. Current rates are at least a couple of thousand per square foot. A nice little payout should keep me happy then.
January 9, 2012 at 8:14 PM
If anyone has grabbed land then the council can simply tell the land grabber to move the fence or the council will do it for them following a court order. If it were private land adverse possession may apply, not in this case. You can bet that the council are fully aware of what is happening. No one will be getting any land that is not on their title. They do have a tape measure. Some people simply think they can grab some extra land. Normally these issues come up when someone sells the land. Potential buyers would be aware of the boundaries and if someone is trying to sell something that they don’t own they may find out how the law really works.
January 9, 2012 at 6:51 PM
I’d say that the description of shambles is 100% correct. If some of these properties extend into the trail and people can exercise their rights to claim this land then if council went ahead and spent all this money on redeveloping something without first checking, those responsible should be hung out to dry. First there’s the heritage stuff up in planning and now this. Both should never have happened and to top it off it’s again ratepayers who are footing all the bills for lawyers, panels, and maybe buying back some land or ripping up a concrete slab. Whichever, it proves how useless this administration and their cronies are in running the place.
January 9, 2012 at 8:19 PM
Since when did adverse possession apply to public land? Where do these people derive these rights. In their dreams? The abbutting landowners have a title and the land they actually own is clearly marked.
January 9, 2012 at 8:33 PM
The land which has already been taken over by various owners is on their title. They are legally entitled to move their fences to the boundary of such titles. Council has attempted in the past to stop such activities – but to no avail since council cannot claim adverse possession and the land is part of a legal title. The question here is, if current landowners are contemplating moving their fences to cordon off their own land, then Council should have known that this was a possibility. If the potential cordoned off land extends to the path itself, then we again claim that council should have considered such possibilities prior to spending money on ‘redeveloping’ a trail which they did not own and should have suspected might happen given past history. Did they look carefully at their own records, survey maps, and how about a little corporate memory?
January 10, 2012 at 7:32 AM
Sounds to me like an easement. You are rightthe Council could be in strife.
January 9, 2012 at 9:47 PM
So it looks like poor old Glen Eira is going to loose more of it precious open space, its a death of 1000 cuts. We need a buy up everything going, to get us through the population mess that’s coming our way.
January 10, 2012 at 12:54 AM
One thing as a mosquito I will thankfully fly between the Elster Park track, the other abandoned MMBW site , the reservoir, and the drainage from the east side of the Caulfield Racetrack onto the westside of Queens Avenue. Thankfully I’ll have three great opportunities to lay my eggs and I will be able to bite children and adults too. I should spread malaria, Ross River fever and all other diseases I meet with in my flights around the City of Glen Eira!!!!!
January 11, 2012 at 1:16 PM
Lady mosquito you must be happy that horse training is continuing at Caulfield. This will allow you to spread to Hendra virus if conditions are right. Lucky for you there is a large human population in the area.
January 10, 2012 at 4:57 AM
Betchya the bottom line is that these morons probably built the path on private land. Round of applause everyone.
January 10, 2012 at 4:02 PM
It all makes me wonder who has concreting connections!!!!! Rewards!!!!!