SUBDIVISIONS.

Press, Volume LXIII, Issue 19158, 15 November 1927, Page 4

SUBDIVISIONS.

TRANSFERS AND DRAINAGE AN IMPORTANT JUDGMENT. The right of the District Land Registrar to refuse to register any transfer of land in subdivisions until he is satisfied that the requirements of the Statute concerning drainage are complied with, was upheld by a judgment given by his Honour Mr Justice Adams in the Supreme Court j-esterday morning. The case dealt with the subdivision of the Deans Estate, and the trustees asked for an order calling upon the District Land Eegistrar to show cause why he had refused to register a memorandum of transfer of lots purchased by Clyde "Wellsford. The registrar refused because he was not satisfied that the requirements of the Drainage Act had been complied with. In the course of his judgment, his Honour said that the reasonable and proper course would have been for the selling owners to approach the Drainage Board before the actual sale and lay before it the necessary information. The selling owners might not be bound to approach the Board before the dedication or before selling the land, but they could not, in his Honour's opinion, by refraining from communication escape the obligation of the Statute. If the registrar, as in this case, ascertained that the Board had no notice of the dedication or sale, he must refuse to register the land until the matter had been considered. His Honour upheld the registrar, and dismissed the summons.