LLB220 Study Guide - Final Guide: Implied License, Moodle, Terra Nullius
INTRODUCTION TO PROPERTY A
TERRA NULLIUS
Expanded doctrine of terra nullius:
“so low on the scale of social organization
that their usages and conceptions of rights
and duties are not to be reconciled with the
legal ideas of civilized society” (Re
Southern Rhodesia (1919) AC 211)
2) Once the British acquired sovereignty,
what rules governed the appropriate laws
to be applied in the colony?
The doctrine of reception
3) How had the process of acquisition and
settlement been viewed prior to Mabo?
A-G v Brown (1847) 1 Legge 312: the
Crown’s absolute beneficial ownership “is
no fiction”
Cooper v Stuart (1889) 14 App Cas 286:
accepted terra nullius
Milirpum v Nabalco (1971) 17 FLR 141,
per Blackburn J
4) How and why was the issue of terra
nullius revisited in Mabo?
Advisory Opinion on Western Sahara
(1975) ICJR
5) Implications of Mabo for the doctrines
of tenures and estates?
Post-Mabo, need to distinguish between:
- absolute beneficial ownership; and
- radical title.
Unhook sovereignty and absolute
beneficial ownership
Sovereignty = radical title
Radical title allows the Crown to:
- Acquire land
- Grant interests to others
Native title is a burden on the Crown’s
radical title
Native Title
Text: 4.1 to 4.64, 4.84 to 4.87
Doctrine of estates
Fragmentation by time
Freehold estates
- Fee simple
- Fee tail
- Life estate
Note: Recall that historically a leasehold
interest did not give an estate in land.
TITLE TO LAND AND ADVERSE POSSESSION
Crown title
Crown land statutes:
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
So low on the scale of social organization that their usages and conceptions of rights and duties are not to be reconciled with the legal ideas of civilized society (re. Native title is a burden on the crown"s radical title. Note: recall that historically a leasehold interest did not give an estate in land. A-g v brown (1847) 1 legge 312: the. Cooper v stuart (1889) 14 app cas 286: accepted terra nullius. Post-mabo, need to distinguish between: absolute beneficial ownership; and. Regulate the crown"s power to dispose of unalienated land. Control the crown"s ability to use and deal with land. E. g. the crown lands act 1989 (nsw) Crown grants in nsw prior to 1863, unless converted to torrens. Good root of title at least 30 years old. See also castle constructions pty limited v sahab holdings pty ltd [2013] hca 11 (10 april 2013) [20], where breskvar was quoted. 24 frances street (see the article on the.
