YORK STREET

Dominion, Volume 8, Issue 2341, 24 December 1914, Page 7

YORK STREET

. ■ '■ 4 : —■ - ; . A BIT OFF THE BUND' END : LITIGATION PENDING. : The public is not aware that for some years past Messrs. A. and T, Burt, plumbers and brassfounders, of Courtenay Place, have claimed about a chain of the blind end of York Street (which runs from Taranaki Street to the T. G. Macarthy Estate's property), and at the present time have erected a tall board fonce across, the street to exclude all traffic, save their own. It appears, that aibout siven years ago Messrs. A; and T. Burt, who own the section extending from Courtenay Placo to York Street (on an alignment with the piece of land in dispute), purchased the land on the south side of the latter street as well. . Then as no street ' 'was registered against the title, they made a claim to be recognised as the owners of about a chain of the blind end of York Street, which would consolidate tho company's holding into one block. On two previous occasions the company has boarded off the street end, and twice the-late Mr. T. G. Macarthy pulled it down with his own hands, as Messrs. A and T. Burt's action shut off his exit, and at the same time would effectually prevent York Street being; con-tinued-through to Tory Street by way of the Macarthy acre.

The matter has been before the City Council this year, and from the nature of the advice supplted by its officers, tacit consent to occupation appears to have been given the claimants. Later on, however, it was pointed out that this street end had been regularly us<k| by the public for many years, and public money had been spent there in kerbing and channelling and tho laying down of mains, etc., and that it had, by usage, long since become a public street. On having these facts before it, the council rescinded its previous resolution, and an interesting case is likely to be heard by the Court early in the New Year. As evidence that there has been trouble in this quarter before, reference occurs in the file of the following resolution of a. committee, which was approved by the counoil some thirteen years ago:— "That Mr, Ward be informed, in reply to his letter, asking that Mr. Morshead's encroachments on. York Street bo allowed to remain until such time as it will be necessary to pull the holdings down, that tho council will only agreo to the same on condition that York Street is bound by Town Acre 254, and that the street tor its whole length he opened to the public." It is interesting to note that York Street became a public streot as from January 1, 1889. It wa3 proclaimed so at a special meeting of tho Oity Council held on October 4, 1888/