Carpet Import Co Ltd v Beath & Co Ltd - [1927] NZLR 37

Way (Right of) — Lane 11 ft wide — Long-continued User by Frontagers thereto and by Public — Whether thereby dedicated as Public Highway — Continuing User as of Right by Owners and Occupiers of Plaintiff Company's Land for over Twenty Years of Whole Lane — Express Grant of Right of Way as to Portion only of Lane — Reservation of Way in Conveyance by way of Exchange — Conveyance not executed by Grantee — Execution by Grantee of Conveyance of Land given in Exchange sufficient to constitute Right of Way — Acquisition by Prescription of Right of Way in Enlargement of Express Grant — Servient Land brought under Land Transfer Act — Right of Way not recorded on Title as Outstanding Interest — Continued Subsistence of Right of Way notwithstanding Issue of Certificate of Title — Section 196 of Act not applicable — No Machinery in Act for Subsequent Registration — Section 197 not applicable to Interest not capable of Registration — Agreements by Frontagers for Maintenance of Way — Part-performance thereof — Equitable Easement constituted thereby — Encroachment on Lane by Fire-escape — Injury of Little Consequence and no Reckless Disregard of Legal Rights — Damages awarded in lieu of Mandatory Injunction for Removal — Land Transfer Act, 1915, ss 54, 58, 64, 196, 197 — Prescription Act, s 5.