Pratap is the registered lessee of State Lease No: 123 on DP 123, Waiyavi, Lautoka. The land is 2 acres in size. Pratap has built a house for himself on the State Lease in 1996. In 2000, Pratap migrated to New Zealand and left his property unattended. In 2001, Tom came across Pratap's State Lease and he decided to build an illegal structure on the Property. Tom built a permanent concrete house on the property. While Tom was building his house on Pratap's piece of land in 2001, Pratap came back to Fiji and saw what Tom was doing. Pratap verbally told Tom to stop building his house as he did not have permission to do so. Tom refused to listen and continued to build his house.

Pratap engaged Mr X, a solicitor in Lautoka to issue a Notice to Stop Work and vacate the Property. The Notice was sent to Tom in 2002 just before Tom completed his house. Pratap returned to New Zealand and nothing was done after the Notice was issued. In 2022, Tina expressed her intention to Pratap that she wanted to purchase his property however there was one issue, Tom and his house. Tina informed Pratap that she will only purchase the Property if Tom and his illegal dwelling is removed from the Property.

You are the solicitor at XYZ Law Firm and Pratap has come to you for a legal opinion on whether or not he can remove Tom and his illegal dwelling.