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Websters Legal Dictionary, 1889, defines Fee Simple Title…

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Webster's Legal Dictionary, 1889, defines...

Webster's Legal Dictionary, 1889, defines Fee Simple Title: "Fee Simple is a Contractual Agreement between the present owner and the previous owner, involving neither a third nor other parties. Fee Simple permits an owner to do with his property as he might wish. It is the highest form of land ownership available. Third party interference is prohibited to a property held in Fee Simple Title." The Fee Simple (freehold) Title is a contract with a Government seal, subject only to the conditions therein, meaning that any other charges arising from other acts including Local Government acts etc, that are area or title based, if challenged, can not be enforced as compulsory charges and are illegal.
Since private property is held in Fee Simple Title, and no third party can become involved, and citizens have never entered into an agreement with Councils for services provided in lieu of annual rate tax payments, then citizens cannot involuntarily incur a debt against their property

Submitted: 13 years ago.Category: Australia Law

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10/9/2009

Solicitor: Leon, Solicitor replied 13 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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HI krypt13
what is your question?
How can councils issue rates notices on land?

Customer reply replied 13 years ago

No provision for a third teir of parliment under the constitution

Referendum 1988 question 3. Rejected Local Goverment not recoginised.

States cannot inact a law not reconised (Local Goverment Act 1993)

If a law of the state is inconsistant with the commonwaelth the later shall prevail.

High Court clr 33 Commonwealth vs NSW

No licence or fine on fee simple property freed and discharged of all rates, charges

No benifit to the crown on fee simple property.

UCC no third party can enter a contract.

If council don,t exsist at law how can they rate or tax fee simple property? services excluded

Solicitor: Leon, Solicitor replied 13 years ago

HI krypt13
the land originally belonged to the crown and the rights of the crown still exist.
The Constitution states under

Section 51 of the Constitution Act 1902 provides:
(1) There shall continue to be a system of local government for the State under which duly elected or duly appointed local government bodies are constituted with responsibilities for acting for the better government of those parts of the State that are from time to time subject to that system of local government.
(2) The manner in which local government bodies are constituted and the nature and extent of their powers, authorities, duties and functions shall be as determined by or in accordance with laws of the Legislature.
(3) The reference in subsection (2) to laws of the Legislature shall be read as a reference to laws that have been enacted by the Legislature, whether before or after the commencement of this section, and that are for the time being in force.
(4) For the purposes of this section, the Western Lands Commissioner, the Lord Howe Island Board, and an administrator with all or any of the functions of a local government body, shall be deemed to be local government bodies.

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