THE NEW AUCKLAND SENSATION

Dominion, Volume 4, Issue 979, 21 November 1910, Page 4

THE NEW AUCKLAND SENSATION

IS QUEEN STREET BUILT ON?.

(By Telegraph.—Special Correspondent.! Auckland, November 19. The statement, regarding the alleged en« croachment of buildings in Qneen Street for , a considerable distance beyond the street line, which was made at the meeting of tho City : Council on Thursday - night, ■ created, a-great deal of discission in commercial'circles yesterday. The announcement, which was news to most peoplo (including ■ many of those occupying the buildings which it is alleged are encroaching on the street), was received with a great deal of surprise, and much speculation, as to the outcomo of the situation was indulged in. The city solicitor (Mγ:- T: Cotter) has advised that the counoil should proceed to obtain evi. denco for tho purpose of clearly denning the uroper line in such a way as toEatisfy the Court, and that when that was (lono the council should enforce its right-to the portion .of the street encroached upon.. This is the matter that is- now engaging ' tho' attention of, the. Works Committee. . . .

A prominent solicitor, who was asked, 'for his opinion on the subject, stated that it was impossible to say now what' the upshot of this discovery will be, the whole.thing hinged upon the making.of anaccurato survey,.and an infallible surveyor was as hard to'find'as an infallible lawyer. The survey now quoted was the standard survey, but ho questioned whether the fact that the Government and the City Council recognised that survey as tho standard constituted it a.final appeal. It seemed an impossibility, with the introduction: of the personal elcmest and mechanical errors, to mtko a survey that could bo accepted as absolutely right, although, perhaps,' a ■. properly-authorised board might fix boundaries that would be satisfactory. The position that would arise, after tho boundary.of tho road had been fixed,- would be that certain : persons might be 'found occupying land that was part of a highway. In his, opinion land once-, a highway was always a> highway, and anyone who built upon it did so-at his own risk. _The owners of such properties would,, /therefore, have no claim for compensation, and if the-council, ordered the.m to got: off tho read, they would have to do so whether they liked it or-not, being simply trespassers.