A RIGHT-OF-WAY DISPUTE

Evening Post, Volume CVI, Issue 125, 23 November 1923, Page 8

A RIGHT-OF-WAY DISPUTE

S'Mr. "Jus'ticet'Salmond: was engaged at the Supreme ;:Court to-day in hearing »n action-in which Hart Speaf, an eyespecialist of Wellington, proceeded against Clara Rowlett and Annie Elizabeth Newham in respect of a right-of-way U> his property in Oriental terrace. It was stated that a Mrs. Fanny Elizabeth "Valentine, who had since died, had granted the right-of-way, subject to her rigkfc-t6-^-have >the use .of .a. coach-house standing._in..,,the.right-of-way. Oru.the djeath of Mrs. Valentine, the defendants Hicceeded to the title of the land. It was...stated .the * coach-house obstructed the 'right-of-way, but the defendants had declined to remove it, and had at various times let the house. Plaintiff asked for an order requiring the defendants to pull down and remove the coach-house, and that an account should be taken of the amounts received for the letting of the coach-house, .

, The defendants denied that the coachhouse obstructed the right-of-way, and alleged further that the plaintiff had acquiesced-in the; continuance of the coacnTnouse^-:;■■'" .

.vMer^dSi'C.^lazengarb appeared for the plaintiff,' and rJilr. A: M.' Cousins" for the defendant, v—--

!j After hearing evidence from both sides, his Hbhour adjourned the case sine die, in order to allow the parties to endeavour to come to some agreement.