REPORT FROM THE LAND COMMISSION OF 1886-87.
xxix
The Commissioners are also strongly of opinion it is desirable, under the new Registration Ordinance, that copies of all original documents affecting Title should be recorded in the Land Office. With regard to the protection of boundaries, and the fixing of Boundary Marks or Stones, the Commissioners think that this question can be left to the Crown Land Board, or other Authority here- after appointed.
The restriction of Chinese Houses should in the opinion of the Commissioners be retained, and the present boundaries should be fixed by Ordinance, and power might be given to the Crown Land Board, or other Authority appointed, from time to time to alter such boundaries with the approval of the Governor and with notice, previously to the restriction being removed, to the neighbouring lot- holders so as to give them an opportunity of objecting, if they considered their interests affected.
With regard to the assessment of rates and taxes, if the Crown Land Board is appointed the Commissioners consider that such Board should constitute the authority to which the Rate-payers could appeal in the first instance, and this would not be to them so grave a thing as to appear in Court. The Rate-payer could simply go before the Board himself and state his reasons for considering that he was rated too high.
As to the preparation of the valuations and Rate Books, the Commissioners are of opinion that this could most properly be done in the Crown Land Office and under the authority of the Crown Land Board.
With reference to encouraging applications for the disposal of land outside Victoria the Commissioners think that, if their suggestions as to a Crown Land Board and District Deputy Com- missioners of Lands are adopted, ample opportunity will be given to persons requiring land for any purposes to make their wants known to the Government, and the Crown Land Board, if constituted, will be in a position to make any suggestions that they think advisable in each particular case as it may arise..
It sometimes happens when lands are sold that squatters are living upon the ground sold, and one of the conditions of sale in such cases has been that the purchaser should compensate the squatters to the satisfaction of the Government before the Lease is issued. Cases have happened where this con- dition has prevented the delivery of the Lease to the purchaser, owing to his being unable to bring evidence that the squatter has been properly compensated, or even compensated at all, as the terms of compensation were not reduced to writing, and the squatters have removed to places where they cannot be found. This is an undoubted inconvenience to the purchaser which inconvenience would not arise if the squatters were first dealt with by Government and the land sold free of temporary occupants; but if the recommendation of the Commissioners with regard to temporary occupants are adopted this inconvenience would scarcely arise in future.
The conditions of sale generally issued by the Government state that the purchaser shall accept a Crown Lease in the usual form and execute a counterpart when called upon, and the Lease would thereupon issue. In a great many cases, however, the building covenant was disregarded and lands which ought to have been built upon have remained unproductive. This led to the necessity of stopping the grant of the Lease until the building stipulations in the contract have been performed to the satisfaction of the Surveyor General. It is alleged by some persons that this provision has caused unnecessary inconvenience to the purchasers, who, in many cases, have to borrow money in order to complete their buildings, which they are unable to do until the Lease has been issued, no duplicate contract for sale being handed to the purchaser, and there being no provision for the registration of dealings with the contract to safeguard the purchaser or mortgagee. This the Commissioners think would be sufficiently obviated by the registration of the contract, and all dealings under it, in the Land Office in the same manner as the original Lease, for a limited period, and the delivery to the
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