999-year lease
A 999-year lease, under historic common law, is an essentially permanent lease of property. The lease locations are mainly in Britain, its former colonies, and the Commonwealth.
A former colony, the Republic of Mauritius (The Raphael Fishing Company Ltd v. The State of Mauritius & Anor (Mauritius) [2008] UKPC 43 (30 July 2008)) established legal precedent on 30 July 2008 in respect of a 1901 'permanent lease' on the Thirteen Islands of St. Brandon (Cargados Carajos) which were adjudged as being a permanent grant by the Privy Council.[1][2]
Examples of land subject to a 999-year lease agreement or permanent grant
[edit]| Leased item | Type | Place | Year term | Lease/permanent grant by | Leased to | Notes |
|---|---|---|---|---|---|---|
| Shannonville, Ontario | Town | Hastings County, Ontario | 1818–2817 | Mohawks of the Bay of Quinte First Nation | Turton Penn, later the municipality of Tyendinaga, Ontario | The townsite and an additional 200 acres were leased from the Mohawks for 3 tonnes of flour a year, which was paid annually into the late 20th century |
| The Crystal Palace | Private seats | London, England | 1851–2850 | Joseph Paxton | Seat holders/owners | Cost of building venue financed by the sale of seats for £100 |
| Queen's Park | Parkland | Toronto, Ontario, Canada | 1859–2858 | University of Toronto | Province of Canada | Park is now home to the Legislative Assembly of Ontario. Originally leased to City of Toronto, the Government of Ontario now owns the land where the Legislature resides.[3] |
| Point Pleasant Park | Park | Halifax, Nova Scotia, Canada | 1866–2865 | British Crown | City of Halifax, Nova Scotia | Park was owned by British government as it was military site in 1860s and transferred to Government of Canada. |
| Royal Albert Hall | Private boxes | London, England | 1871–2870 | The Corporation of the Hall of Arts and Sciences | Seat holders/owners | Financed by selling seats and boxes |
| Post Office | Building | North Melbourne | 1882–2881 | City of Melbourne | Australia Post | [4] |
| Ontario & Quebec Railway | Railway | Eastern Ontario and Quebec, Canada | 1884–2883 | Canadian Pacific | Owners of the OQR | Now owned by St Lawrence & Hudson Railway, a subsidiary of the CPR |
| Mullaperiyar Dam | Dam and water | Cardamom Hills, Kerala, India | 1886–2885 | Maharaja of Travancore, Visakham Thirunal From 1949 State of Travancore-Cochin From 1956 Government of Kerala |
British Secretary of State for Periyar River Irrigation From 1947 Madras State From 1969 Government of Tamil Nadu |
The lease was made after 24 years of negotiation. |
| WACA Ground | Stadium | Perth, Western Australia | 1889–2888 | Government of Western Australia | Western Australian Cricket Association | Land reclaimed from the Swan River |
| Commonwealth Institute building site | Property | London, England | 1951–2950 | Holland Estate | Commonwealth Institute | |
| Pusey House | Building | Oxford, England | 1981–2980 | Oxford University | Excludes the chapel | |
| Inverhuron Provincial Park | Park | Inverhuron, Ontario | 1973–2972 | Ontario Hydro | Ministry of Natural Resources (Ontario) | Lease now controlled by Bruce Power |
| Hampshire CCC | Land | Hampshire, England | 1996–2995 | Queen's College, Oxford[5] | Hampshire County Cricket Club | Former farmland |
| U.S. Consulate General, Hong Kong | Building | Hong Kong | 1999–2998 | City of Hong Kong[6] | Government of the United States | Formerly on a 75-year lease with 26 years left |
| Millennium Dome | Building and surrounding land | London, England | 2001–3000 | UK Government | Quintain and Lendlease | |
| Stanley Park Stadium | Association football stadium | Liverpool, England | 2006–3005 | Liverpool City Council | Liverpool Football Club | Proposed replacement for Anfield, home to Liverpool F.C. |
| St. Brandon (Cargados Carajos) | 13 Islands in the St. Brandon Archipelago | St. Brandon, Mauritius | 2008–3007 | Government of Mauritius | Raphaël Fishing Company | The thirteen islands of St. Brandon (Cargados Carajos), Mauritius, were converted from a 1901 permanent lease (999-year lease) to a permanent grant by the Privy Council (United Kingdom) in 2008.[7] The islands on Permanent Grant are l'île du Sud (l'île Boisée), Petit Fou, Avocaré Island, l'île aux Fous, l'île du Gouvernement, Petit Mapou, Grand Mapou, La Baleine, L'Île Coco, Île Raphael, Île Verronge, l'île aux Bois and Baleines Rocks. |
See also
[edit]References
[edit]- ^ Le bail permanent de Raphaël Fishing confirmé sur St.-Brandon
- ^ Privy Council Judgment 30 July 2008 - Raphaël Fishing Company Ltd.
- ^ Micallef, Shawn (2019-10-05). "Queen's Park's landscaping offers a tale of two parks". Toronto Star.
- ^ Australia Post's 999 year peppercorn lease in North Melbourne may yet be reviewed Urban.com.au 8 December 2020
- ^ "Hampshire strike rich vein with 'community dream'". Electronic Telegraph via CricInfo. Retrieved 2012-05-04.
- ^ "A rare 999-year leasehold in world's costliest city makes US government one of Hong Kong's biggest foreign real estate owners". South China Morning Post. 26 June 2020. Retrieved 2021-06-17.
- ^ "The Raphael Fishing Company Ltd v. The State of Mauritius & Anor (Mauritius) [2008] UKPC 43 (30 July 2008)". Southern African Legal Information Institute. Retrieved 24 November 2022.