Road Act and Public Access: Your legal questions answered

Questioner

I would like to know when Article 4 paragraph 1 under I of the Roads Act came into effect. We own a road that is considered public by the neighbors. For 4 years now, the road has become part of an estate and walking is allowed. As indicated by a green sign, open to walkers. It also states here that motorized traffic is not allowed. For approximately 35 years before that, there was a 'private road' sign at both ends of the road. We must grant right of way to farmers who can reach their plot via our yard or the yard of their neighbours. My question is actually, should I allow car traffic on this road? If so, can I undo it? And if that is not possible, can I divert the road? It runs right across our yard, 3 meters from our house.

Lawyer

Article 4 of the Road Act dates from October 1932. The status of your road is related to the road register. If the road that runs over your land is included in the road register of the municipality, it is therefore public. If the road is not on the road register, the road can still be public because it was accessible to everyone between 1902 and 1932. Accessibility to everyone does not apply if a 'private road' sign was placed between 1902 and 1932. Once a road is public (based on Article 4 of the Roads Act, or by being placed on the road register), the road must be closed for 30 years (a 'private road' sign is not sufficient) before it is no longer public.