TROUBLE OVER RIGHT-OFWAY

Dominion, Volume 19, Issue 237, 21 June 1926, Page 5

TROUBLE OVER RIGHT-OF-WAY

A CHRISTCHURCH CASE. Judgment has been delivered by the Full Court, in the Christchurch case >f Carpet Import Co. v. Heath and Co., an action claiming that lane or passage is either a public street or a right-of-way. Tho action affected a length of 80ft. by lift, from Litchfield Street to Park Lane. The result of the judgment is as follow: (1) That the plaintiff company is entitled to a right-of-way over the whole length of the lane by prescription; and also to a right-of-way over the southern eighty feet of the lane in accordance with a grant of easement; (2) the plaintiff company is entitled to an injunction restraining the defendant from interfering with or obstructing the plaintiff’s proper use and enjoyment of tho said right-of-way; (3) that the plaintiff company is entitled to a sum of forty shillings as nominal damages in respect of the obstruction of the snid right-of-way.. In regard to a counter-claim by the defendant company about the erection of a fire-escape by plaintiffs, an injunction against the continuance of the fire escape in the right-of-way was refused but ,£25 damages were awarded. Costs of the action were awarded to plaintiffs in £'6.l with disbursements and witnesses’ expenses except those who gave evidence as to public user, and costs on the counter claim to defendants on the lowest scale.