 Batman was dismayed to discover the settlers of the "Enterprize" had established a settlement in the area and informed the settlers that they were trespassing on the Association's land.However, under the "Proclamation of Governor Bourke", both the parties were in fact trespassing on Crown land.When Fawkner - noted for his democratic nature - arrived in October, following tense arguments between the two parties, negotiation were made for land to be shared equally.