LEGAL INQUIRY COLUMN

Auckland Star, Volume LXV, Issue 27, 1 February 1934, Page 23

LEGAL INQUIRY COLUMN

(By BAKRISTER-AT-LAW.)

[Letters of Inquiry will be answered every week in this column. As far as possible the} - will be dealt with in the order in which they are received, and replies ■will be inserted with the least possible deluy.] W.A.B.—The adjoining occupier is responsible If Uis stock damages your hedge. Perhaps a letter from your solicitors to him will have the desired effect. FED-Ul'.—You must not phuit trees "on or alongside" tlic boundary without tbe consent in writing of jour neighbour. I think that tbe planting of small-grow-ing hedge plants three feet from the boundary would be Justified without your neighbour's eoasout, but for tall growing trees a greater distance would be advisable. There has been no detinite ruling on this point. TREES. —The easiest way is to cut the branches yourself. The espouse of compelling your neighbour by an action in the Supreme Court would be greater than the expeu&e o£ doing the work yourself. \'ou may, however, write to your uoighbom requesting him to attend to the matter, and if he fails you could sue for the cost you have been put to In doing it yourself. ANXlOUS.—lnterest, but not compound interest, can be charged if the agreement provides for it, or if it cau be reasonably implied that you have agreed to pay interest. You do not give any details to enable me to advise what interest you should pay. You are doubtless entitled to some reduction. C.A.r.—There is no absolute security of tenure. If you are in default your lease may lie forfeited, but you have tbe right to apply for relief under the Mortgagors' Relief Act. In tbe circumstances you mention you are not likely to be disturbed. NOT SUIiE —(1) The old chairman should vacate tbe chair and the secretary should put the motion. Ci> A chairman has an ordinary vote, and also, if the voting is equal, a casting vote. MOG.—You are considered to be of British nationality. If otherwise eligible, you will not Uo disqualified for the pension •by reason of your birth out of the Empire. TRUSTED. —(l) Your letter -discloses no grouuds for presuming the will invalid. (2) K the will has beeu proved you may search the Supreme Court records. (8) From £1 to £2. (4) The mother's will may be in any form she wishes, (o) You will have to supply me with particulars of the means aud income of all concerned if you wisb this question answered. (6) Xdo not understand this question at all. What do you mean by a conditional will? Write again. IN DOUBT.—Provided that your assets, apart from your home and ftrnlture, do not escend £50 in value, you will receive tbe full pension. ANXIOUS. —(1) Unless you guaranteed the mortgage you arc not liable. (2) Your wife's creditors could claim her life interest. JUSTICE.—(O I 'io not understand this question, (g) Carelessness, mistake or dullness may account for tho error, (x) There is evidence of falsity, but none of wilful perjury, (y) You cannot ask fur a new trial. You might try a u«w action to set aside the settlement, but I do not think you could possibly succeed. (z) The Court has uo jurisdiction to bold an inquiry. Your evidence Is far too weak to justify tho police prosecuting your opponent. See answer x. You should accept the advice of those who have recommended you to forget the matter If you go from solicitor to solicitor you will find one in time who will give In to your domiinds, and, nguinst his better judgment, embark yoii on tbo litigation you so much desire. You will regret it later.