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The Pamphlet Collection of Sir Robert Stout: Volume 71

(2.) Occupation with Right of Purchase

(2.) Occupation with Right of Purchase.

If the successful candidate docs not desire to pay cash down, but wishes to obtain possession of the land, with the view of eventually converting his holding into a freehold, he can take out an "occupation license." This is issued for a term of twenty-five years, subject to an annual payment equal to 5 per cent. on the cash price of the land, and payable half-yearly in advance on the 1st January and the 1st July in each year.

Thus, if the land selected contains 200 acres, valued at £1 per acre, the payment will be at the rate of 1s. per acre, or:£5 half-yearly; and so on in proportion for any greater or lesser area.

After the licensee has been in occupation ten years, he has the option (1), at any period during the remaining portion of the term, of purchasing the freehold of the land for cash, provided he has fulfilled all the conditions of his license; or (2) he may exchange the license for a "lease in perpetuity" without the right of purchase (see post, p. 11); or (3) he may continue in occupation to the end of his term.

At the termination of the term of an occupation license the licensee has a prior right to a lease in perpetuity, subject to a yearly rent at the rate of 4 per cent. on the cash value of the land, without buildings or improvements, for which purpose the land has to be revalued.

The holder of an occupation license with the right of parchase is not capable of acquiring other land under a similar license, or of a lease in perpetuity, unless the lands comprised in the several licenses or leases adjoin each other.

But exception to this rule is made in favour of a licensee who has duly fulfilled the conditions of his license for a period of three years and upwards. He is then entitled to page 11 obtain another license, or a lease in perpetuity for other lands, whether these adjoin his original allotment or not.

A further exception is made in favour of those who become licensees by virtue of marriage with another licensee, or by virtue of a will or inheritance.

In case of the death of any occupation license-holder his executors may transfer the land with the sanction of the Land Board; but such power must be exercised within two years from the day of the death of the licensee, otherwise it may be sold by the Commissioner of Crown Lands, and the proceeds paid over to the representatives of the deceased; or the Board may, in their discretion, permit the widow of the deceased, or any person of whom they may approve, on her behalf, to continue in possession on the same conditions as the late licensee.