EXCAVATION OF SAND

Dominion, Volume 29, Issue 223, 17 June 1936, Page 13

EXCAVATION OF SAND

Neighbour Seeks Injunction

A claim for £2OO damages and an injunction to prevent John Theodore Grange, carrier, of Island Bay, from continuing to excavate sand from ins section in Sutherland Road, Wellington, was brought by Mrs. Vera Lilus Wilson, Raurimu, owner of the adjoining land, in the Supreme Court. Wellington, yesterday. Mr. Justice Blair was occupied throughout the day in hearing the case, during which his Honour inspected the land, and the hearing will be continued this morning.

Plaintiff set out in the statement of claim that defendant bought for £3OO, paying a deposit of £5, a block of land adjoining her land and house in Sutherland Road. In January defendant removed sand and soil from his land without leaving proper or sufficient lateral support for plaintiff’s land and house. Part of her land had subsided and the foundations of the house were endangered, and were likely to crack and fall- The property had depreciated iu value and would depreciate further. Defendant in his statement of defence denied plaintiff was entitled to have her house and land supported by adjoining land, and denied that she had been deprived of proper or sufficient lateral support by the removal of sand. Ho admitted that a small part of a high bank behind her house had subsided. He intended to continue excavating to level his laud as a building site, but had made provision to prevent further subsidence He denied that, further excavation would cause damage. Mr. W. B. 'Wilson appeared Cor plaintiff ami Mr. D. Perry for defendant.