s2 Doctrine of Tenure/Estate and Native title Flashcards
what does tenure mean?
it means grant of land from lord to a tenant in exchange for service or fee.
Because, according to English common law’s doctrine of feudal, the lord/king have the absolute ownership of the land and determines tenant’s right of living in a land.
define “socage”?
a feudal tenure of land involving payment of rent or other non-military service to a superior.
OR
Known as Fee
types of tenure inherited by the Australian colonies?
Free or “Socage”
forms of “Socage” tenure?
can be both inheritable and transferable
what does the abolishment of Feudal tenure system mean for the people?
the tenants will be the absolute owners of the land
what is one land principle adopted from English feudal tenure system in Aus?
terra nullius principle - the Crown acquired absolute ‘dominion’ over the land so that tenants held from the crown
Why is the recognition of native title posed significant problems for Feudal tenure?
bc the recognition of native title resulted in rejecting of terra nullius, and therefore the crown could no longer own land that was subject to native title.
However, the feudal tenure system was still maintained.
The doctrine of estates?
is that ‘a person should have an interest in land giving rise to a present right to possession while at the same time other persons would have future rights to possession.’
what is native title and whether it is communal or individual?
Native title describes the legally recognised interests of Indigenous Australians in their land. It is usually communal but it may be individual.
A claim of native title must satisfy the requirements of which section?
s223 of Native Title Act - claimant must show that they still possess right and interest under traditional laws acknowledged and the traditional customs.
