THE OWNERSHIP OF LAND.

Gisborne Times, Volume XXIX, Issue 3381, 23 November 1911, Page 2

THE OWNERSHIP OF LAND.

A QUESTION OF ROAD ACCESS-

AND a SURVEYOR’S RIGHT

A dispute as to the right of property through which a road w&fi to be formed occupied the attention *of the Cook County Council yesterday. Mr W. D. Lysnar wrote stating that eu November 17 lie discovered Mr A. F. Matthews surveying a. road' through a ooi ner of his property at the Haumanatua stream, which he had previously used as a part of the Okitu factory site. Upon his inquiring what lie was doing iand who it was for, Mr Matthews told him it was on behalf of the trustees of \V. Cooper’s estate, Messrs deLautour and Kells. He at once warned Mr Matthews off the property, and subsequently wrote him a letter. Ho had since learnt that on August -1 last Messrs deLautour, Barker, Stock and Matthews wrote to the Council in the matter on behalf of the trustees, asking the Council to take certain steps in regard to this road. They referred to the portion they desired to be taken in the bend of the stream as being vested in himself in the New Zealand Native Land Settlement Company. Tiiis was not correct, but the land was vested in himself by virtue of certificate of title. As he strongly objected to the manner in which Cooper’s trustees had gone to work in the matter, he asked the Council to do nothing further without hearing him, or alternatively to stand aside and allow the matter to be litigated between Cooper’s trustees and himself. Mr Lysnar added that the matter practically came to a question as to whether the road should be taken through his land to provide a road for the benefit of Cooper’s estate, when a good road could be got through their own land. The plan showed the road running round the right bank of the Haumanatua stream through the property of Cooper’s estate, which he suggested was the right way for the road to run. Messrs deLautour, Barker, Stock and Matthews wrote stating they had had plans prepared of the road near Hamauatua stream, and would be glad to wait on .the Council in reference to the same. Mr Matthews, solicitor, waited on the Council to explain the matter. The land as- far as could be ascertained did not belong to Mr Lysnar. Mr A. Forde Matthews, surveyor, said that he had searched the titles, and the land apjroared to belong to the New Zealand Native Land Settlement Company, whoever they were. He understood that a letter had been written to the Council stating he had trespassed on the property. He had a perfect right to go there by law, and. anyone interfering with a surveyor in the l>orfonnanoe of his duty was liable to a fine of £SO under the Public Works Act 1908. and the Land Act, 1908. The chairman said that which ever way the Council turned they might be involved in a Supreme Court action. He moved that if Messrs deLautour. Barker, Stock and Matthews would denosit the cost of the work, and indemnify the Council against anv legal proceedings, the Council would carry on the work. Cr. F. -J. Lysnar said that the Council should hear Mr W. D. Lysnar in the matter. The Council might bo involved in an action. The chairman said it was not- tne Council’s business to settle the dispute between the parties, but if Messrs deLautour, Barker, Stock and Matthews indemnified the Council they would be perfectly safe. The chairman’s motion was carried.