A QUESTION OF ACCESS.

New Zealand Herald, Volume XLVII, Issue 14336, 5 April 1910, Page 6

A QUESTION OF ACCESS.

[BY TELEGRAPH.—TRESS ASSOCIATION."! v .•#$ ■' ..•;-.'.-■ {•.■-.■;.■>■=• ; >.hv/-v-.^;v•;-:;,■>.«&&s ' Wellington, Monday. ' ~,:',* . Reserved : judgment was given by/thV.g| Chief Justice .'• (Sir ;R./; Stout) in the case of Reddiford v. Forman. 'f. The question |§:| raised was whether defendant, as : occu-^fe pier of certain sect ions" in the : Wairarapft tM • North' : county, ; . had :a- right-of-way '-; ovej other sections which belong to plaintiff, '• \ Defendant had used a way tor some years, over these sections. It' was admitted that, unless he _ could show he had a way?;6fi§|| necessity over plaintiff's land he could not, claim the; way vhe / hud; so . used. ;v It /was jl| contended -that-.' if j there: was no way offfp necessity still a way of necessity was creaV - ed after 1881. His Honor gave it as his^l opinion that defendant's contention }as^toS a way .of necessity having being created g|| had failed. "I may add," His Honor continued, " that the defendant has no doubt been % placed?* in an / unenviable > position, bub the Court cannot 'help;-him.', The case "shows the need of not disposing of ' Crown |||! .lands until proper access ■is given to■ them,. and ' also the heed of carefully \ seeing . that no rights -to take roads; be allowed ' to' :~>; lapse;.unless it is clearly seen that these: -' rights'.• might not be exercised." ,''..-r,i ■ ■'■■•' " ; ■■.'-•: : '-" ' '•"Af^fs ■•■• - ■' v -i " ..:';.-■•.'':^^fe