Section 178 — Conveyancing Act 1919 (NSW)

No way by user against Crown etc

No dedication or grant of a way shall be presumed or allowed to be asserted or established as against—
(a) the Crown, or
(b) persons holding lands in trust for any public purposes,
by reason only of user, and this whether in proceedings instituted by or on behalf of the Crown or not, and whether such user commenced before or after the eighteenth day of October, one thousand eight hundred and sixty-one (being the day of the commencement of the Crown Lands Alienation Act of 1861).

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 176 — Protection of solicitors, licensed conveyancers, trustees etc
s 177 — Duty of care in relation to support for land
s 177A — No distress for rent
s 179 — Right to light or air not deemed to exist by reason only of enjoyment or presumption of lost grant
s 180 — Sale under power not to be avoided by reason of mistaken payment to tenant for life
s 181 — Construction of expressions used in deeds and other instruments

Research how courts apply s 178

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.

Try BriefBridge free