RIVER FRONTAGE.

Timaru Herald, Volume XIIC, Issue 13973, 6 August 1909, Page 3

RIVER FRONTAGE.

INTERESTING CASE. OuAlonday the Court of Appeal delivered judgment iu a case of riparian rights. A- man bought laud in 187S, with frontage on the Alanawatu, and the original Crown giant plan showed the river bank as the boundary, which gave him rights of excess to the river". By 1907, when he cut up some of the land into allotments, the river had eaten away a good many acres of the land. His first allotment plan was refused by the Land Transfer Of lice, because it showed the allotments running into the riverbed, to the line of the hunk 20 years ago. The plan was amended, to make the boundary the existing bank, the original bank: being indicated by a line on the plan. This plan was accepted by the office. Then the owner got auother plan prepared, of the area which hail been eaten away by the river, a purchaser foi which had appeared : and the District Land Registrar passed this plan iu 1.900. Subsequently the registrar called upon the respondent to deliver up his balance certificate to be cancelled, upon the ground that it was issued in error. Respondent refused to deliver it up and the registrar issued a summons to' compel him to do so. The summons was heard by Air Justice Chapman, who decided that the land shown in the original certificate of title belonged to the respondent, notwithstanding that the river boundary was not part of the river-bed. The registrar appealed from this judgment. l'"or the purpose of the appeal new facts wen- put before the Court that were not before Air JusLiee Chapman. The Appeal Court found that the Alanawatu in Hood flows over the land in question, and is therefore, t<> be ( - sidcrcd a part of the river lied: and ii the respondent could claim it anil sell it. he would deprive the purchasers of the allotments with riverbank frontage, of their right of access to tho middle of the stream (which ight was conveyed to the original purchaser). This would give the allotment owners a claim against the Crown Assurance Fund for damages for the loss of the river frontage to which the transfers from himself to the purchasers from him. and the certificates of title issued thereon showed them to be entitled. It .seemed to flic Court to be plain that he could not do this. The certificate had been issued in error, and must be returned for correction.