LEGAL INQUIRY COLUMN.

Auckland Star, Volume LV, Issue 251, 22 October 1924, Page 13

LEGAL INQUIRY COLUMN.

I (BY A\ BARRISTEH-AT-LAW.) Letters of Inquiry -will be answered every Jh eek ,5 = oll } mn - Aa far as possible be dealt w,th ln th e in which they are received, and replies will be inserted with the least possible delay. COMPENSATION.—If y OU r land is encroached upon you may claim compensation under the Public Works Act. A special form of application is required, and yon will flnd your solicitor s help necessary. The board may of course, come to some arrangement with, you. H.P.F.—You look to your employer The proportion is usually 05 per cent. LANDLADY.— It is not quite clear from your letter whether your figures apply to the houses separately or together. Please repeat your question showing the figures separately for each house, and give not the annual rating value, but actually the amount of rates you pay. M.G.—On the facts you state it Is quite possible that the vendor need not return you the deposit.' At the same time, I feel that you have a good claim, against the agent, which may also extend to the vendor, seeing that he is usually responsible for the action of the agent. At any rate the agent has been guilty of sharp practice, and would probably return rather than have his methods made public. Please let mc know who the agent was. L.W.—I. am afraid you have no remedy. FINALIxr OP TITLE.—Tour title is conclusive evidence of the area and location of the property to which it relates. At the same time it is quite possible that your boundary fences do not enclose the land described in your title, and with pegs missing it is quite easy for a fence to be erected, on the wrong line. A surveyor could easily determine the exact boundaries of your section. As regards the deficiency, it will probably be found that one section only is wrongly fenced. If a house is found to bp encroaching on the neighbour's land the Court can adjust the error by ordering a transfer of the extra portion in payment of compensation. LEASEHOLDER:—Your landlord may sell subject to the lease, say, to someone who docs not want possession. Ton may sub-let if your lease does not prevent it. and even if it does, your landlord's chief remedy is to forfeit it That would, of course, suit you. MORATORIUM.—I assume the mortgage is protected by the moratorium. In that case the extra charge comes into force automatically as soon as the mortgage becomes due: If not protected, the mortgagee may charge what he likes for an extension, your remedy being, if you cannot accept his terms, to repay the mortgage. ANXlOUS.—Although the notice is slightly irregular, I think you are bound by the agreement to quit. SEVENTY-FOUR.—You are still entitled to a pension, but not for the full amount. PLAINTIFF.—The insurance policy is in the name of the mortgagee, and he liny'a himself first out of the insurance moneys, and hands the balance over to the owner. A judgment summons gives you no right over the money. LAW, NOT JUSTICE. —The solicitor is not bound to proceed with the case until his costs are paid. This Is a very useful rule in. practice, as unscrupulous people often make no effort to pay once the case is disposed of. You would not suggest that your solicitor should go unpaid, and if, as you state, you have no prospect of paying him, I am sure you -will hardly expect him to continue doing work for you. GRATEFUL READER.—Your case is almost exactly the same as that of M.G. above. I cannot, however, fully advise you without knowing what you liave signed. Please send mc a copy of the agreement, and also the name of the agent, as his action should be looked into.