27 Feb 2009
SOUTHERN AGRICULTURE LIMITED V THE REGISTRAR-GENERAL OF LAND AND ANOR HC WN CIV-2008-485-1013
- Citation
- openlaw-69270b90_89dc_4c09_90ac_367389624e6c.pdf
- Court
- High Court
The Court held Southern Agriculture's title remains limited as to parcels (the 1973 omission was an error), the historical descriptions lacked bearings and could not be transposed onto the ground with sufficient certainty, and therefore the long-standing fence line, established and acquiesced in before the first certificate of title, should be treated as the legal boundary; the fence was not shown to be a 'give and take' fence but, alternatively, Te Kamaru established adverse possession under s 79 for land west of the fence; accordingly Plan 375401 reflecting the fence line should be deposite…