RAILWAY LANDS.

Taranaki Herald, Volume LV, Issue 13921, 27 March 1909, Page 7

RAILWAY LANDS.

SALE. AT NEW PLYMOUTH*. TIGHT MONEY MARKET. i The auction sale of . railway lands which was held yesterday at Mr Newton King's mart attracted a large and representative assemblage of the general public,- the commercial element being much in evidence. Although tho sale had been well advertised and eaj>\ conditions prescribed, the prevailing tightness t of money was evidenced by the lack of bidding, and many desirable lot's which would have sold readily when the auction- was first advertised nearly a year ago had to be passed in without a bid. The general" opinion seemed to be that the reserves declared were reasonable and such as would ensure in ordinary times a ready clearance. In the absence of Mr Newton King, Mr S. W. Shaw wielded the hammer. He was accompanied by Mr If. "-P. Corkill, whd had change of the sale on behalf of the Railway Department. Mr T. S. Weston, Crown Solicitor, was present as was also Mr G. M'Cartney, the officer of the Railway Department who had come from Wellington"iifl)rder to confer ' In case of need. After the somewhat lengthy conditions of sale had been read by Mr Shaw, Mr Corkill referred to the street t^lk which had been .currept with regard to the proposed sale of the two allotments abutting on to Devon Street which included part of the bed of the Huatoki Stream. He : stated that the Department had for many years held land transfer titles to ih<s river bed at these two points and that in consequence of the que§tions which had arisen it had been considered desirable to obtain the best legal, opinions available for ihe general information at this sale. The Solicitor-General wrote: "There is no property in running water but the purchaser of the land on which the stream, is situated acquires the, bed of the' stream and the right to build pver or ,to otherwise use the area above the surface of the water. Also to use the water so long as he does not thereby infringe the legal rights of other persons or commit any breach pi the Borough by-laws or create a nuisance." The opinion of Mr C. P. Skerrett, K'.C, was as follows: "That the bed of the Huatoki Stream, where it passes through lots 1 and 3 on the sale plan, is vested in the" King and that the purchasers will acquire an indefeasible title to such bed by registration 6f their transfer. The purchasers will, however, take subject to all riparian rights.- They must not pollute or diminish the flow of water. They may cover in the stream, but they must provide ample outlet by their culvert or tunnel to convey the water? of the stream, including the flood' waters as are so exceptional that they could not have been anticipated by any prudence. They must so construct the culvert or tunnel that the riparian owners above and below are not subject to increased danger by flooding than they are now subject to. If they fail in tjiis duty they will be liable in damages to any person suffering injury by their failure. If they comply with this duty they may build over the culvert or tunnel, but must at all times keep it in repair .• The stream, in my opinion, is not a "public drain" within the Municipal 'Corporations Act, lmt being a watercourse the Council (if — but only if-M;he stream has become a nuisance or dangerous to public health) has power to enclose and cover in the stream under section 212 of the A or 1 :. This" powej even of exercisable will not prevent tne purchasers from enclosing in and building over the stream provided they comply with the conditions abov.e indicated." Details: — Lot 1, running between Mr. Newton King's mart and Mr. Hall's pharmacy, having a frontage of 47£ feet to Devon Street, drew a sporting offer from a well-known business man of £50 per foot, but was .passed in, 'the reserve being £3800, which is equal to about £80 per foot. Lot V2j'. between the Mangatuku Stream and the Taranaki Hotel right-of-way, was purchased by Mrs. Skinner, sen., from, whom the land was originally bought by the Railway Department in 1875. ' Lot 3, between * Mr. Parker's ssbop and the late Mr. George's block, about 28£ feet, frontage to Devon Street. elicited no bid. The reserve was declared by Mr. Corkill at £2933, or about £105 per foot: Lot 4 was an encroachment by the wall of Mr. "J. H. Parker's building, was acquired by that gentleman for the sum. of £80.* Lot 5 was withdrawn. For Lots. 6* and 7, below and, above Powderham Street, the bidding was on safe lines, and Both lots were passed in at- the" reserves, as were also Lots 8 and 9, two fin© sections on Vivian

Street, at £375 and £350 respectively. Mr. J. C. Webster was the buyer of Lot 10, a small piece of land adjoining his property in Vivian Street. To the surprise of most people, no sales were effected of the fine building sites Lots 11, 12 and 13, forming part of the block lately occupied by the stati6nmaster's residence. v Lot 14*, part of the same block, found a buyer at ,the reserve of £525 in the person of Mr. F. , C. Bellringer, who was understood to be acting for a client. • The next lot sold was No. 18, a small piece of land at the intersection of Gover and Leach Streets, bought by tho Borough Council for £40. Spirited bidding ensued for Lot 19, a long narrow strip on the opposite corner of the same streets, and ran up by £1 bids from £50 to £76, at .which price Mr. W. Bewley was declared the buyer. This concluded the sale of the disused portions of tho old railway line. Series B comprised a number of properties fronting Molesworth and acljaeent streets, which were acqxiired in connection with the deviation, and are now available for sale after the land for the line has been taken out. Among these are some very good allotments and a large number of good cottage properties, most of them in excellent repair. Mrs. Stanley was the buyer of a nice cottage property, Lot 19, at the moderate price of £250, and Mr. George Knight acquired Section 1959 (Lot 32) at £75. The excellent villa residence immediately opposite the new Fitzroy railway station was bought in at £700, which, it was pointed out, was much less than the building could be erected for to-day, whilst the land cost £400 about four years ago. None of the sites on Waiwaka Road were bid for, this apathy being probably due in some measure to the fact "that the formation of the approach from the Old Hospital Road has not yet been commenced. They were all priced with modest upsets ranging from £125 for an area nearly an acre down to £50 for sections averaging about quarter acre. The auctioneer announced that the Department, woulU be prepared to deal at the reserves for any of the unsold lots, and wo understand that a number of transactions are now pending. -