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Crown Law Opinion on Exclusive Possession

Category: Perpetual leases

In late 2007, a paper Property Law in the South Island High Country, co-authored by Australian property law lecturer John Page and Lincoln University lecturer Ann Brower, was published in the Waikato Law Review. This argued that Crown Pastoral Leases did not give lessees exclusive possession rights to their properties.

In the attached legal opinion prepared for Land Information New Zealand, crown counsel Malcolm Parker says he does not find the Brower and Page paper convincing and does 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.\"