Statement By Residents On Montgomery Terrace

Press, Volume XCVI, Issue 28450, 3 December 1957, Page 9

Statement By Residents On Montgomery Terrace

“The residents of Montgomery terrace feel that comment is necessary concerning recent articles in the press regarding the use of a small portion of land owned by Mr E. W. G. Lewthwaite, over which the road passes, as they are most inaccurate and misleading.” says a statement from the residents received yesterday by “The Press.” Montgomery terrace, the statement continues, was surveyed and formed approximately 50 years ago. Recently Mr Lewthwaite discovered that the road passed over a small portion of his land, about two perches; yet he claimed, in a statement printed in “The Press” on November 5. that the residents “built this road across my property without consulting me and without legal right.”

“In fact.” the residents’ statement continues, “the road had been in use for over 40 years before his purchasing the property. The piece of road in dispute was reformed, tar-sealed, channelled and maintained at the expense of the Heathcote County Council before World War 11. and treated as a public road. Later, on amalgamation with the city, the City Council resealed and maintained that portion of the road to date. £BOO Claimed “Having discovered his ownership of this piece of road, about a year ago. Mr Lewthwaite wrote demanding £l5O from each of five residents, access over Montgomery terrace, and £5O from another resident and a right-of-way of rtiore than 100 ft in length through the bottom of this resident’s garden. in return for the right to cross the two perches of roadway. It is impracticable to give access through the private property, and furthermore, Montgomery terrace is unable to carry added traffic which.* because of the grade and lack of width, would create a serious hazard.

“The residents of Montgomery terrace would have been only too willing to attend the Heathcote County Council meeting on Friday had they been invited to do “On July 23 last, the Heathcote County Council informed the residents that they were taking over the piece of road in dispute under the Public Works Act, and that they had instructed their solicitors to act accordingly. After representations by Mr Lewthwaite, this motion was rescinded by the council at a later meeting, the council stating that the matter could be settled privately. At that stage the deed of agreement had been signed, sealed, and deposited with the council s solicitors.

“The residents are quite agreeable to pay a reasonable sum for Mr Lewthwaite’s land over which the road passes, which they would hand over to the Heathcote County Council to be dedicated as a public road. *

“The res dents have again approached the Heathcote County Council asking it to adhere to its original decision to take tne land over. The Christchurch City Council has been asked to assist in this matter, and afford protection to its ratepayers concerned. It is most regrettable and unjust that the residents are placed in this position, caused obviously through an oversight in surveying boundaries when amalgamation with the city was carried out in recent years. “Mr Lewthwaite is reported in Monday’s issue of ‘The Press’ as saying that he had given written assurances to the residents and the council that the riehts he wanted were for one section only and for his own use. This is incorrect. “A letter dated September 6, 1957. from his solicitors states: ’That our client be granted the right-of-way to use Montgomery terrace in common with the other users thereof, and a right-of-way over that part of Mr Verrall’s property giving access to the portion of our client’s land which adjoins. This right would be for the benefit of the portion lying next to Mr Verrall’s property, and not for any land beyond. Your clients are also to pay the costs of all parties to this transaction.’ “This piece of land is about four acres, part, of a block of land consisting of 10 acres with a frontage to Rapaki road, which afforded ample and suitable land for his own access road, and it is the firm belief of Montgomery terrace residents that Mr Lewthwaite desires access through their properties to ultimately subdivide this land. We challenge Mr Lewthwaite to produce to ‘The Press’ a copy of his letter to the residents giving the assurances he claims.”