DISPUTED OWNERSHIP

Hokitika Guardian, 20 January 1927, Page 4

DISPUTED OWNERSHIP

OF OBEY ABATTOIR BITT

A LAND BOARD APPLICATION

'I ho Westland Land Board was engaged for nearly two hours yesterday afternoon dealing further with the ad- 1 journed application of J. J. Fraher ; for nil acre of land at Tvaroro. The ; applicant claimed to hold a residence silo license over the areti, described , in the license as situated about 100 yards to the north-east of Keown’s : hotel, which in the days of the first grant was situated on the old tram line nearer the beach than the present , Australasian Hotel. The importance of . tho application may ho gathered from , the fact that tho applicant claimed that tho area involved covered portion t of the ground <>n which the Greynioutli 'abattoirs building is built. Tn tho course of arguments by conn so* lor i applicant (Air Joyce) and for the Grey Borough Council (Air Doognn) it was ■ slated that in spite of diligent search, j the Grey Borough Council cannot pro- ’ dum my title to tho ground on which the abattoir is erected, though they : held I hat ii was not the ground that covered the residence site title. Even ; Air Doognn admitted flint it was an extraordinary position for a responsible local body to bo in. that it. laid no title to the ground on which it had i expended upwards of seven thousand j pounds in buildings mid improvements. | However, such appeared to be the case. 1 There wits considerable discussion between the Board’s Chairman and counsel as to the procedure, the. Contniis- I sinner at first holding that the matter should he dealt with in a court of law. hut (after discussion in which it was pointed out that the matter was one of defining who was the holder of the title to the land in question it was , decided to hear evidence for the ap- j plicants, who were asking for an improved title. ' The Commissioner in the course of the discussion expressed forcibly his opinion tlyit it- was an amazing position that the owner of the land had not objected to the erection of the buildings on the land at the time some twenty years ago, whereas the first written protest was only made in 1924. ■ Rev. Father Frilier. who was the applicant on boha'i f oi the family estate, pointed out that it was due ; to the serious illness of his father at i the time that no strong protest was j made, and the threat of some members of the Borough Council presumably to j his father that they would take the , whole of his land, and the fear Hut , they had the (lower to do so that had prevented action at the time. The only documents between the parties was one in which the Grey Borough Council paid to the elder Ffinher the ; sum of £2O for the removal of some . buildings oil the abattoir site and a portion of the resilience site. It was claimed that this sum did not fully repay the cost of tho removal of this building. ,a stable, and an adjacent pig-stv. ['ultimately the Board agreed to bear evidence, and Air Joyce proceeded to call witnesses as follows: — James Joseph Fraher, Catholic priest residing at Greymoutli. stated he vus bolder of a residence site of ’, acre at Tvaroro. The title was originally granted to .Tames Lnlor and transferred to W'm. Hiekov and from, him to witness' father. Tic knew the residence site from boyhood. His brothers were horn in a bouse on the site. Tn 1869 there was a house on the property and remained there till 1918 and was used •is a store room and stable. There was also a hut used by Thus. Ahern, with a garden, where tho present abattoirs were erected on the section. Tn 1906 there was the old residence, pig-sty and garden. The northern end of the garden was where tho abattoir buildings were erected. At that time witness considered it was the greatest outrage that was possible. Alter the erection of the abattoir they occupied and still occupied the balance ol the site. 11l 1921 had written to tho Grey Borough Council claiming the land and received a letter (produced) stating the claim could not ho entert:lined. , In 1924 made a claim, which the Council declared was excessive and was declined. He produced a number of declarations by .i number of residents who stated that the land claimed was that occupied by them during the period. Patrick ITauchlleld. a. retired biker of Grevmouh. stated for 7 years, from 3d years ago lie left produce and goods in a shed on the ground in question for Afr Fraher. who was in occupation. Was surprised to hear of the dispute, as ho tlmmrht it had been settled.

Kim Williams, draper, Greyuumlh, knew the ground ini' 10 yours. V. ere (lie second nearest neighbours. 1 lie land in question vests on tlio oeenpntion of Fi'idier’s and the abaltoii's were erected on Frnlicr’s land. Did not hear at Hint time of any objection. Thom is A. Kemvn, printer. Hokitika,

stated he was tlie son of the former owner of tlie Australasian [dotol. and {rave particulars of the old site, and that of Friiher’s building. Always knew that the elder Fraher claimed the abattoir site, but did not know yhat his titf'c was. ■ TTo understood that there had been a settlement it the time, but later heard that such was not the case.

Air Joyce said (lie ease for applicant had been clearly proved, and there was no doubt that applicant was entitled to a grant as asked for. AIY Donnan said th,it tlie Council claimed the area of the residence site which was very vngue ns to locality could easily he any ni the 1 other sect intis in the huH'ity and again emphasised the position of the Borough Council with its valuable buildings erected, on tlie ground. The Board decided to adjourn the application until next sitting.