Esplanade Strips

It's your property but anyone can go down by the river

Freddy is sitting reading the Saturday paper and notices that some land has come up for sale in town.  He shows Mrs Freddy the advertisement and arranges with her to go and view the property at the open home. 

“It would be a great retirement home for us .  There is enough land to graze a few beasts to keep us in meat supply.  There is a lovely garden around the house which will keep you occupied and best of all it runs along the river, so we can take the grandkids for a dip in the summer time,” says Freddy.

Mr and Mrs Freddy are at the open home early and spend the full ½ hour looking over the property.  They love the location and they know they can rent the house out until they want to leave the farm and move in to it.

When they arrive home Mrs Freddy suggests Freddy phone Pebbles and have a chat to her.

Pebbles is happy to hear from her parents and also happy to hear they are starting to make plans for their retirement.  She tells Freddy that is a great plan and she will have a look at the title to the property in the morning.

The following day Pebbles gives Freddy a call.

“I have had a look at the title dad, it is all clear, just one document registered, an Esplanade Strip in favour of the local council,” says Pebbles.

“What is an Esplanade Strip Pebbles?  It sounds like somewhere people go to sunbathe,” says Freddy.

“Dad, an Esplanade Strip is an area of land often running along the length of a river or lake, which the council have rights to.  Its purpose is to enhance the natural functions of the river, sea, or land. Like the water quality and aquatic habitats,” Pebbles advises.

“It allows public access along the esplanade strip and adjacent river or lake.  Various acts are prohibited on the strip, such as lighting fires, carrying or discharging a firearm, driving any vehicle on the land, damaging or removing plants, laying poison or traps, damaging any structure, fence, gate on the land, or interfering with any stock lawfully permitted on the strip.”

“Oh my goodness Pebbles, does that mean I will have anybody wondering across the land to get to the Esplanade Strip?” asks Freddy.

“No Dad.  People can walk on the Esplanade Strip but they must gain access to it from a public area or from the river itself.  They are not permitted to gain access across private land.  Also Dad, the council can erect a fence along the boundary of the strip or do riparian planting if they wish,” says Pebbles.

“Oh that’s ok Pebbles, that won’t affect us much.   As long as we can go down for a swim, I think it will be fine.  I will have a chat to the agent about putting in an offer.”

“Ok Dad, let me know how you get on.  Remember to let me have a look at the Agreement before you sign it.  Talk to you soon.”

The content of this document is necessarily general and readers should seek specific advice on particular matters and not rely solely on this document.

If you would like more information on any of the topics in this document, please contact your usual Auld Brewer Mazengarb & McEwen adviser. 


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