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Brower-Page Paper on Exclusive Possession

Category: Perpetual leases
Download: Brower_Page_WaikatoLawReview.pdf (123,372 Bytes)

In late 2007, the attached paper, Property Law in the South Island High Country, was published in the Waikato Law Review. Co-authored by Australian property law lecturer John Page and Ann Brower, it argues that Crown Pastoral Leases do not give lessees exclusive possession rights to their land.

In a legal opinion prepared for Land Information New Zealand, crown counsel Malcolm Parker said he did not find the Brower and Page paper convincing and did not agree with its conclusions.

\"In fact it would be impossible for the [lease]holder to undertake farming operations without exclusive possession of the land. The issue is whether the parties\' intention was to grant lessees exclusive possession and the pastoral lease does this.\"