A QUESTION OF TITLE

New Zealand Times, Volume XLVII, Issue 10846, 11 March 1921, Page 4

A QUESTION OF TITLE

PORTION OF TOWN BELT. A SHIFTING STREAM. An application for an order establishing its title to a portion of the town belt in the vicinity of the Pukao stream was brought before His Honour Air Justice Salmond at the Supremo Court yesterday bv the City Corporation represented by the city solicitor (Air J. O’Shea). Robert W. de Montalk claimed the land by occupation, and applied to bring it under the provisions of the Land Transfer Act, the title to the town belt being under the Deeds Registration Act. The question arose through the shifting of the stream, which was definitely fixed by plans drawn up 30 years ago. The respondent, having erected some buildings between the old and the present cites of the stream, had endeavoured to establish his right to the land. Mr O’Shea said the corporation was compelled to bring its action within three months of the date of the making of the application (December 19th, 1920), to establish it® title to the land. Thai had been done, and the respondent had admitted the corporation’s title. He asked for an order m terms of the statement of claim, and this was granted. Costs (£4 4e) and disbursements were also allowed.