1.                  The people of the island countries of the South Pacific want to resist change and embrace it.  They want to retain their culture and change their way of life.  They want to benefit from development but assert their traditions.

 

            Consider how these different aspirations affect land issues, focusing particularly on the problems raised in two jurisdictions of your choice.

 

 

2.                              With reference to examples drawn from the law of two regional jurisdictions write          an explanatory note on the characteristics and consequences of three of the        following:

·        Easements

·        Restrictive covenants in leases

·        Registered mortgages

·        Government rights to land

·        Restrictions on alienation

 

3.                  George and Michael are brothers.  Their father is still alive but quite old.   The family has a large piece of ground part of which stretches down to the sea, where there is a very nice white sand beach.  Recently an ex-patriate has approached George and asked him if he will sub-divide a plot of land with beach frontage so that the ex-patriate can build two holiday houses on it.  George thinks this is an excellent idea, as the family does not cultivate that piece of land, although they do use the beach for fishing.  Michael is not so sure, but realises that with a growing family he will need money for school fees and other things.  George and Michael have another brother Fred, who is working abroad, and sends money home sometimes, and two sisters, one of whom is married and living in the next village and the other is working in town where she has a very good job and contributes regularly to the family finances.

 

            With reference to any one jurisdiction of your choice explain to George and Michael the various factors which they ought to take into account before making a decision on this proposal

 

           

 

4.         Urban drift is a feature throughout the South Pacific region.

 

      With reference to at least two jurisdictions of the region explain the major          features of urban drift and the significance this has for Property Law in the region, and suggest how some of the consequences of urban drift might be regulated by            law.

 

 

5.                  With reference to the following: a) consider what rights or interests have been granted to Mary, b) explain how you reach the conclusion that you do c) indicate whether such rights could be granted in your jurisdiction.

 

·        The right to keep her bags of copra in a shed on Ben’s land.  Her father had this right before her.

·        Two year occupancy of a small shop for which she pays the owner a monthly rental.  The agreement is in writing.

·        The use of a parking area behind the shop provided she does not park containers on it and provided she keeps the area clean and free of rubbish and vermin.  In return Mary agrees to maintain the owner’s garden.

·        An interest under a trust set up by her grandfather whereby she is entitled to occupy the family home for as long as she likes provided she does not marry a boy from Fiji.

 

 

6.                  Tourism is one of the major income generating features of the region. 

 

            Nevertheless uncontrolled tourist development can have an adverse impact on the          land.  With reference to legal models from the region and elsewhere, consider     how tourism can develop without having an adverse impact on the land, and also   what legal mechanisms might be utilised to facilitate this.

 

7.                  Louise and John have recently leased a property with the intention of establishing a workshop for local women to produce hand crafted items for export. They bought the property after looking at it with an agent.  When they come to develop the property they are confronted with the following problems:

  • The northern boundary was marked by a wire fence when they first looked at the property but this seems to have been removed and their neighbour is insisting that the two coconut trees which are a meter inside the wire fence, are the proper boundary
  • There is effluent from a nearby pig yard seeping into the open water drains which run across the land.
  • One of the sheds on the property appears to be full of machinery for roasting and grinding coffee, some of this seems to be cemented to the floor.  Mr Boen has recently telephoned them to advise the machinery is his and he will come and take it away sometime.
  • Their neighbours on the other side of the property are grazing a small herd of goats on the land and say that they have always done this.

 

With reference to case law and legislation applicable in the region, consider the issues raised by these problems and whether they can be solved.

 

  1. Issues and concerns relating to land tenure and land use are common throughout the region, although the nature and detail of these issues and concerns may vary.

 

            Indicate what issues you think are common to the region and what issues are unique to the two jurisdictions you have researched this semester AND highlight which of these needs to be tackled as soon as possible and how this might be done.