LAND AND MINERALS.

Taranaki Daily News, Volume LV, Issue 223, 8 February 1913, Page 8

LAND AND MINERALS.

THOSE MH.TIiLAXI) LEASES. x j crown law oi'FK i-:us' i: epout. j Per Press Association. Wellington, Last Night. In connection with the Southland poal lease the Orown Law Office reported to the Prime Minister that the report draws a distinction between two kinds of leases-in-perpetuity. The section under which nriuditon's land was leased was 121 of the. Land Act of 1892 (which is embodied in the Act of 1008). and reserves minerals and the right to enter and take them to the Crown. The lease includes only the surface, and nothing below it. The purchaser of the lands, concludes that the report does not purchase minerals. APPLICATION TO SUPREME COURT: Invereargill. -Friday. Gavin "Brighton, prominent in connection with the controversy over the recent land transaction, acting under advice, intends to institute proceedings at the first sitting of the Supreme Court to compel the Lands Department to grant him the freehold title of the coal'■";>.ring areas held by him under lease- '■■• 'icrpetuity. The applications for the ft-, hold of'such sections were made by P.righton. and held over at the last meeting of the Land Hoard. LEGAL OPINIONS. Wellington. Last Night. The New Zealand Times to-day referred the Crown law officer's report on the Southland lcnse-in-perpetnity <tuestion to three professional men of high, standing, and all were unanimously of opinion that Mr. Brighton is entitled to the fee simple of the land comprised in his lease, including the coal in the property. The Times also publishes the signed opinion of Mr. T. E. Martin, solicitor to the Municipal Association and author of Land Law's of New Zealand, which concludes thus: "Before the passing of the Act of 1012 the owner of a lease-in-per-petuity under the Act of 18112 was entitled to purchase the fee simple, including coal, but he was required to pav the value of the coal. Under the Act of 1012, the right to purchase the fee simple is granted in just the same words as were used in section 20 of the Act of 1907. but instead of a price which includes the value of coal he has only to pay the amount upon which his rent was computed, in this ease-£47. plus the one per cent, per annum and interest thereon."