SOUTHLAND LEASE CASE.
♦ ■. STATEMENT BY THE HON. H. D.. BELL. Sinco the decision:- 0 f Sir Joshua Williams in the Southland lease case was announced it has been alltged by some newspapers tlrnt a new fee simple tenure has - been created by the judgment. Questioned on the subject yesterday the Hon. 11. 1), Bell 'denied the validity of this new and made the following explanatory state-. incut:— 1 "In England, and everyw It era where English law prevails, the title m fee-simple to the soil can be, ana is, frequently separated from the title to the minerals, and when so separated there aro two inheritances. That is always tho case where railway companies acquire the fee simple of (he land 011 which (lie railway runs. ' The owner remains A possoss«j of the minerals. Moreover, the freehold of land can be held in tiers. The freehold of a flat can be granted above another flat. The idea that either Sir Joshua' Williams or (lie Massey Government have invented a new and formerly unknown tenure is erroneous. Mr. Masspy was aware, I think, of the law 011 the point, and as a layman he perhaps failed to comprehend the difficulties which want of knowledge on the subject has apparently caused to editors and other laymen." .
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Dominion, Volume 6, Issue 1696, 12 March 1913, Page 6
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213SOUTHLAND LEASE CASE. Dominion, Volume 6, Issue 1696, 12 March 1913, Page 6
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