Again Evelyn was favoured by the authorities when he was granted ownership of the land in the area ahead of the Henty brothers who, despite also spending five years from 1839 to 1844 dealing with resistance from the Buandig (or Buandik) people, were the original Aboriginal inhabitants of the area., were not granted the land ahead of Evelyn. Although he continued to encounter many difficulties, and left to hold a new position as Police Magistrate in 1849, he did not dispose of the lands until 1853.