“..in every society, rights in land which afford an enforceable entitlement to exclusive possession are basic to social peace.”
The fundamental rule at common law is that the owner of the soil is presumed to be “the owner of everything up to the sky and down to the centre of the earth.”
This European understanding of property law is the building block of property rights in New Zealand. It underlies the principle of undefeasibility and estates in land, providing owners with individual possession to the exclusion of others.
Read our article published in the Property Lawyer here: A New Take on the Concept of Proprietary Rights arising from the Marine and Coastal Areas Act 2011.
For further information or advice related to Maori Legal matters please contact one of our team of expert Maori Legal lawyers specialising with expertise in Treaty of Waitangi and matters relating to Maori;