LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIII, Issue 165, 14 July 1932, Page 22

LEGAL INQUIRY COLUMN.

• (By BARRISTER-AT-LAW.) [Letters of inquiry will be answered every week in this column. As far as possible they will be dealt with in the order in which they arc receive'd, and replies will be inserted with the least possible delay.]

KIWI.— (1) Your riparian rights depend upon the common law and one might write a volume about them. (2) You cannot got n copy of the will of a living person.

WORRIED.—You could consult the maintenance officer at the Magistrate's Court or the town clerk as he may be able to arrange for payment to you.

JUSTICE.—AppIy to the Court for separation and maintenance. KOOLER. —If you cannot agree on the rent you should apply lor relief under the Mortgagors' and Tenants' Relief Act. RELIEF WORKER.—Subject to your right to apply for relief your mortgagee may exercise all the remedies and powers under the mortgage. X.X. PAPAKURA.—You appear to be eligible. TERI.— (1) The landlord is entitled to his own opinion. You need not agree with it. (2) You arc entitled to a reduction of "0 per cent from the rent which would have been charged had the tenancy commenced on January 1, 1030. (3) The landlord may give notice to quit and enforce his notice. GRATEFUL. —1 am afraid I do not understand your letter. You seem to uie the word mortgagor sometimes av meaning mortgagee or lender, nnd sometimes as borrower. You do not make it clear who "the lady" is; ■whether deceased, borrower, lender, or guarantor, I do not know. Write again. LIABILITY OR ASSET. —The matter will be referred to the Commission and you will lind that your case will receive sympathetic consideration. The facts' set forth in your letter make out an almost unanswerable case against a

D.E.S. — (1) Approximately IS/ per week. Actually lit) per cent less than the rent that would have been charged had you let the house on January 1, 1030. As in April, 1030, you made a reduction It Is quite likely that a new tenancy starting on January 1, 1930.. would have been less than the rent actually charged then. (2) Approximately 23/ per week. You may in either case give notice and re-let to the best advantage.

WORKER. —The memo is good evidence of a debt. HARD TIMES. —There is no harm In applying for exemption. REMUERA. —The mortgage must eventually be released in the prescribed manner,. It is immaterial to the mortgagee how the release is effected, but it is of great importance to you. The release having been obtained you must pay for it if you want it, and I assure you, you do require it. ARGUMENT. —Y cannot in any way compel X to give the information he seeks, and ho has no legal right against X. COAL DUST. —You should make a will leaving your property in the way which you consider fair. Upon an intestacy your son will receive twothirds of your estate. it v (Wellington).— (1) The statutory reduction does not apply to your house as the tenancy was entered Into after April t, 1032. (2) You are entitled lo a reduction of 20 per cent from Hie interest, but the net rate must not be reduced below 5 per cent per annum. I, S I). It is not. likely that you will be entitled to any reduction. Your rent will be reduced by 20 per cent from the rent which would have been charged in January. 1030. You will receive notice to quit if you do not pay th« rent. ,\ 7, o,— (]) You cannot compel your neighbour to "top" the pine trees. (2) You may cut overhanging limbs. 123, ST. HEWER'S. — (1) Your question is not one of law, but of arithmetic, and ns you do not. supply one of the necessary factors I cannot, even if I had the" lime, give you the answer. Perhaps you do not realise that some ;K! separate calculations are required. (2) Under the Act your payments would still be 30/ per week, but interest would be charged at. ii per cent, so that , a larger portion of your payments would he credited to principal. Your landlord offers better, terms than you could enforce.

G.R.H.—You arc not responsible except to • the extent that you have assumed possession of the deceased's assets.

SUBURB. —Your letter does not disclose any breach of the agreement on the seller's part. If there has been a breach then it is purely a matter ot fact whether you can get your money back. If the seller has no money or assets on which you could realise you would be wasting your money in suing. Your solicitor should, however, be able to explain to you exactly what the position is, and if you get no satisfaction from him seek other advice.

jX R You are entitled to notice before 'tho furniture can be seized. When you get notice apply to the Court lor relief. In the meantime pay what you can.

TVRANAKI. —The interest appears to be reduced by 20 per cent in terms of the recent legislation, as the money r.i not payable on demand. The rates will be" 5 1-5 and 5 per cent respectively. DEEDS —(1) You are not bound to pay half Ihe cost of a badly erected fence, especially where you were not notified in accordance with the Fencing Act. (2) No claim can be made on your property in respect of the fence. A caveat, if wrongly lodged, may be removed by suitable proceedings.

HARD UP. — The insurance covers the employer's liability under the Workers' Compensation Act. The employer is liable only for £ 1 1/ medical expenses. If you want additional cover you must insure yourself against accident.

TEACHER. —Your income is not too great, but the capital value of your wife's assets may be too great. You may apply. NOTE. —Several inquiries held over.