Rural Law Online

Chapter name.2.Land & its uses

Introduction

In Victoria, one third of all land is public land. Farmers and graziers may have access to parts of this vast resource under strict legal limits. The other two thirds are privately owned, with much of the land used for agriculture and related purposes. There are significant legal controls over the rights of landowners to enjoy their property. For example, there are legal limits on the rights of landowners to use water, even when it is found on their own land. Additionally, Landowners are constrained by the rights of others to search for and remove minerals and stone found on private land. However, there are some safeguards to prevent private property being abused.

Landowners also have many responsibilities:

  • to pay rates and taxes;
  • to securely fence their boundaries;
  • to balance the rights of privacy with the rights of others to come onto their land; and
  • to ensure that no one is adversely affected by their activities.

Landowners may earn income by negotiating contract for share farming, lease and agistments. These cooperative arrangements mostly work well if they are carefully formulated.

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