LEGAL INQUIRY.

Auckland Star, Volume LX, Issue 300, 19 December 1929, Page 31

LEGAL INQUIRY.

(By A BARRISTER-AT-LAW.)

[Letters of Inquiry will be answered every weelc in this column. As far as possible (hey will be dealt with in the order in which they are received, and replies will be inserted with tLe least possible delay.]

SUMMER COTTAGE.—I assume that no drainage easement has been acquired over your land. In that case you may • stop the drain or remove the pipes, and leave those who are interested in the drain to find and make a new outlet.

A B.—Your neighbour Is not entitled to divert the stream or blast the rock outside his -property. The local authority, having charge of the beach, should be informed of the work if it is likely to injure the beach or its approaches. A.A.A.G.—Unless a summons was actually issued you are under no legal obligation to pay costs, and are entitled to a full discharge on payment of the original amount owing. PER CENTUM.—The transaction is not a money lending one, and there is no real restriction on the rate of interest, except that if it is made too high no business will be done. People sometimes have of necessity to borrow money, and the law. protects them in seeing that too great an advantage is not taken of their necessity. There is, however, no such great necessity to purchase goods of the type sold under hire purchase agreements, and accordingly no protection is needed. A.S.G. —The Second mortgagee ts not entitled to notice, and to make sure of his position he should require his mortgagor to produce from time to time receipts showing payments made to the first mortgagee. Any imposition on the first mortgagee requiring him to notify the second mortgagee would have the effect of making lenders chary of lending, and would be reflected in the rate of interest. r.C.—I cannot advi»e you on the points you mention, unless you forward me a copy of the rules of the lodge, as your rights are governed by them. -DUTY.—Stamp - duty • is 'paid on the gross price, including mortgages taken over, and-not merely on the vendor's equity.