Ownership of Streets.

Te Aroha News, Volume XXVII, Issue 4385, 13 March 1909, Page 3

Ownership of Streets.

Air interesting point concerning the ■ position of local bodies has cropped up ,iu Palmerston North. The borough Council was recently requested by the Telegraph Department to cut back some of che shapely trees which line the I principal streets, as they interfered with . the telephone lines. The Department’s j men themselves recently topped some of | the trees, and completely spoiled their appearance. The borough council & cured an interesting legal opinion on I the subject df the corporation’s right oyer the street. The borough solicitor said that if the borough council was the owner of the land within the meaning of the Post and Telegraph Act, 1908, it could be compelled to cut the trees. By section 125 of the Municipal Corporations Act, 1908, the street and soil thereof were vested in the borough, and at first sight it would appear that the borough council was the owner. It had beeu held in England, however, that the whole freehold was not invested, but only the surface, and such area above aud below the surface as was necessary tor the purpose of using and maintaining the street. From this it would appear . that the borough council’s ownership was considerably limited, and he thought it doubtful if it would extend as far above the street as the telegraph wires, so as to make the borough liable to remove the obstruction complained of. It has been decided by the council to endeavour to settle the matter amicably with the Department.