DISPUTE OVER ROAD.

Waikato Times, Volume 112, Issue 18808, 2 December 1932, Page 7

DISPUTE OVER ROAD.

ACTION BY FARMER. RAGLAN COUNTY COUNCIL SUED. AUCKLAND, Friday. In the Supreme Court yesterday an error in the. survey and formation of a piece of road in the Huntly district more than 20 years ago was alleged, when William Robert Leather, ol' Huntly, farmer, proceeded against the Regis-trar-General of Land and the Raglan County Council. The plaintiff claimed £l3O damages or an order removing from the register {be plan of the road as it now is.

The defence alleged that the plaintiff had fenced off the disputed piece of land in 1898 and that the council had had the use or occupation of it ever since. It had been used by the public with Leather’s knowledge and acquiescence and public money had been spent on it. The defence further contepded that the plaintiff was barred by effluxion of time from taking action, and that the value of the land did not exceed £4O. For the plaintiff Mr Weston said that this was an action against 'the assurance fund, 'l’lie Raglan County Counj oil had been joined as a third party under an indemnity that the council j gave to the Registrar-General. For I a great many years the “paper” road ! along Leather’s boundary was j covered with scrub and the public I took a short cut behind Leather's jhouse through his property. Leather ; eventually found this something of a | nuisance, and in 1910 he cleared the ; "paper” road and asked the County i Council to form it. The council’s en- ! gineer made a survey and put in pegs .for the work io be done. It subsci quenlly appeared that he pul the pegs • on Leather’s property by mistake, and ;it was on his property that forma- ; lion work was done. Leather re- ! mained in ignorance of the mistake ; until 1927. In the meantime a Mr 1 larI ris, a neighbour of Leather's, had built ! on the true road site and offered to j sell part of it. It was when Harris i was having ills property surveyed for | the sale that the mistake was dis- : covered. ! The surveyor who surveyed the road in August, 1927, Vincent G. R. I Burrell, said that Leather had lost two ! sections available for cutting-up purj poses. The area taken from him ! was 3 roods 13.3 perches, j An expert valuer valued the price of land taken from Hie plaintiff at £l3O and another at. £125. The plaintiff said he had bought his properly in J 892 for £1 an acre, lie had reeenlly offered lliree-quarlers of an acre lo the Raglan County Council for £l6O. ! Mr llolmden. for the Raglan County ! Council, contended that long before | the plan was registered the road had j been legally a road and vested in the : Crown. i The hearing will he continued this i morning. i