RIGHT OF ACCESS

Sun (Auckland), Volume 1, Issue 52, 24 May 1927, Page 13

RIGHT OF ACCESS

USE OF RIGHT-OF-WAY SUPREME COURT ACTION A dispute in connection with the use of a right-of-way giving access to a property in Karangahape Road was brought before the Chief Justice, His Honour Mr. Justice Skerrett, at the Supreme Court this morning, when Alfred Moore, clothier, Karangahape Road, questioned the right of its use under a deed of conveyance by defendant, Reefton Dunn, dairyman, of Karangahape Road. For plaintiff, Mr. Jacka said that plaintiff was the owner of the property which had the use of the right of way in question. It was also used by the owner of the buildings on the back section and by defendant, a dairyman on an adjoining section. Not only did defendant use the right-of-way as a means of access, but also used it for depositing cans and other receptacles. Counsel said that the issue boiled itself down to the question as to whether defendant had any right of access by means of a deed of conveyance.

For defendant, Mr. Cocker pointed out that defendant had leased the land in the belief that with the deed of conveyance was a right to use the right-of-way. Under that belief defendant had gone to some expense in erecting buildings and machinery. If plaintiff had exercised his rights, even within Five years, he contended it would not have incurred such hardship on the defendant. Giving evidence defendant said that he did not know that there was an objection to his using the right-of-way until the present proceedings were commenced. (Proceeding.). "