CO129-587-8 Crown leases 18-4-1940 - 17-3-1941 — Page 41

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for probate purposes. We venture to say that, until this discuss -

ion began, land valuers (both Government and civil) gave no thought

to the unexpired periods of the leases, provided that such leases

contained the well-recognised term of 75 years. In fact, a general

understanding grew up that, at the end of the 75 year leases, Crown

rents would be increased to the then prevailing rates in the locality

but that no other expense would be incurred.

20.

Instead, the public now finds that lessses are expected to

buy back both house and land; for the official method amounts to

that, whether the transaction is entered upon in the last days of

the expiring lease or twenty years before that time.

21. Some remarks contained in the Report of the Land Commission

1886-87 are strong confirmation of the view that, because the

Government is in the position of land monopolist, the public has

never expected that its "pound of flesh" would be insisted upon.

The contract has not been regarded as one between two individuals

and it was never expected that the landlord (i.e., the Crown) would

enforce against the lessee the full rigours of the leasehold system

-- a system which has been severely criticised by many writers.

22. The members of the Land Commission of 1886-87 included the

Chief Justice of the Colony, the Attorney-General and the Surveyor

General (the equivalent of the office now entitled Director of Public

Works). These gentlemen must have shared between them full knowledge

of the leasehold system of land tenure and of the procedure which

has normally to be followed at or near the expiry of lease. Yet,

when they considered the 75 year leases they did not write that

lessees would eventually be faced with certain liabilities. On the

contrary, they assumed that the Government would be the party which

would take action to ameliorats the difficulties which would arise.

They wrote:

"Before very long it will be necessary that some- thing should be done in reference to the leases for 75 years.

The same difficulties will soon arise in dealing with them as arose with the 75 years leases granted in the early days of the Colony, when the lct Folders looked forward to the fact that the termination of their leases was within measureable distance; to remedy which the term was catended for a futher period