QUESTION OF LEGAL ACCESS.

Shannon News, 16 May 1924, Page 3

QUESTION OF LEGAL ACCESS.

DEPUTATION TO COUNTY COUNCIL. Mr J. AV. Rui'herfuVd, solicitor, and Mr C. H. Speiis -waited on the llorowhonua County Council on Saturday in regard to access to a section in ttie recent s,ub-division of the laUer's properly at .Shuimon. , Mr Rutherfurd explained that a road Which-'Mr Spiers had under the imipression was a public road, existed between the railway fine and the pro-perly,-but this was now found to be not a public road but railway .properly.-■ The Lands Transfer Department was not prepared to give a transfer of the section unless .access to a public road was provided. The existing road -had. only iheen ,giyen. by "the Railway Department as a right-01-way to laud severed by the 'building 01 the uiilway. It \wi« possible to aiviuid a dedication if the County would-agree that '.the provisions of ; (Paragraph 1 o{ Section illGiOif the Public Works Act, IUOB, should not apply to the laud in question, the Council, being assured wiat the laud was not intended to b« used lor the erection of a dwelling. Mr Rutherfurd said the point ..was that the road running along the railway was railway property. Mr Spiers was fiaced with 'the necessity of dedicating a road unless the' County Council was willing to meet them. Hie had discussed the matte with the Comity Solicitor and agreed with" liis opinion that where a dwelling house w;as not intended to be built it was possible 'to escape v this ruling. They had approachied the Railway Department who had said 'that there was no chance of the existing being de r dioated. If the County was not prepared to pass the resolution the only other lthing open, to Mr Spiers was to dedicate a new road. This would not

servo ally uselul purpose either to the , County, Mr Spiers or the purchaser of the section mid would cost a considerable amount of money. What Mr Spiers "asked tor was quite le;gal and he was sure that the County Solicitor would agree with 'this ■ when the full ifaets o,f tJiie maitter were put helore him. . In answer to Cr Harkncss, he said there w;k| no treason why a road should not he constructed to ian existing public road save the question 01 inv cost. -Twenty-seven chains of road would be necessary .and it would he expensive. The existing right-of-way was a formed road and was .not likely to be taken away. There was a legal railway' -crossing and Mr Phillips, th'e purchaser of the section, was quite;satisfied .witfti the access. Cr Itydor said -that if this was so. he did not see why tine maitter should not be agreed to." The Chairman asked it it would not be possible to construct a road a chain wide from the existing right-of-way so as to conform with tiie provisions of the Act. If tlhis were done and the road so formed and nV't--iilled the County would then bo prepared to take it over. Mr lUrtherfurd contended that no useful purpose would he served by the provision of such a roaxi 'Which, moreover, would be lairly costly. Cr Harkness asked if such a road as that suggested, which did not join on to an existing legal road, would fulfil tie. requirement of the Act., The Chairman said that there was no difficulty on -that score. The matter was apparently a legal one and it would depend on what the County Solicitors advised. The Council would discuss the matter further with their soli editors and would he guided by them. He could promise the deputation that the County was not antagonistic and would do what.it could. The deputation then, withdrew. After consultation with the County Solicitors, the following motion was prUposed bv t'hc Chairman and seconded bv Cr*Broa.dbelt: '"That this Co-uncil-is prepared to accept dedication-, of-a road a chain square formed and installed to" their satisfaction to give iiccess to Lot 0, Speirs Subdivision, sold to Mr W. 11. and that .ilwv Council take steps to-* ascertain if the road' nt present giving access to this and othor properties adjacent to the railwav can he dedicated as a. " public road and that the • applicant* be informea of tbis intention,"