owners can grant an enforceable deed or mortgage. A title ensuing from fraudulent instruments can never form a good title for new transactions‚ even if the succeeding owners are innocent. Despite registration‚ the good title of the property is still vested in the real owners. However‚ changes were introduced with the institution of the Torrens system of conveyancing. One imperative attribute is the concept of indefeasibility conferred upon the title of the registered proprietor. Lord Wilberforce in
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government which unites separate political entities‚ within a national system whilst still retaining their independence (AUSTRALIANPOLITICS.COM‚ 2011). In this essay it will be discussed that the ‘Mabo Decision’ and the implementation of the Native Title Act‚ 1993‚ is an example of this and will be analysed whilst unearthing the challenges and benefits which were exhumed within this historical test case‚ whilst explaining the impact of the High Court Ddecision. The Australian system of government
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“interest” in land includes absolute ownership of land. According to Black’s Law Dictionary‚ interest with regard to land law is defined as a legal share in something; all or part of a legal or equitable claim to or right in property that is‚ right‚ title‚ and interest. Collectively‚ the word includes any aggregation of rights‚ privileges‚ powers‚ and immunities. Oxford defines interest as interest with regard to land law as a right in or over land. It may comprise equitable ownership of the land such
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no-one when European settlement occurred‚ and that the Meriam people were ’entitled as against the whole world to possession‚ occupation‚ use and enjoyment most of the lands of the Murray Islands.’ Eddie Mabo argued the fact that under the ’native title’ and the complex customary ownership of the land which predated colonisation it was rightfully theirs. The main contributors who fought for the issue are Eddie (Koiko) Mabo ‚ Sam Passi‚ David Passi‚ Celuia Mapo Salee and James Rice. Mabo was the
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Fundamentals of Land Ownership‚ Land Boundaries‚ and Surveying G J Donnelly About the Paper This paper has been prepared as an introductory paper to provide a general overview of key matters related to the ownership of land‚ and the boundaries which define the limitations of that ownership. The role of surveyors in the determination of land boundaries is also reviewed. It has been commissioned by the Intergovernmental Committee on Surveying and Mapping (ICSM) to provide a guide for students and
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MORTGAGE OF LAND AS SECURITY UNDER THE LAND USE ACT 1978 BY DOROTHY E. NELSON** 1. Introduction Land is the very basis of commercial and industrial enterprise in Nigeria. It is the most important factor of production in industry as well as agriculture. Its usefulness and importance cuts across all forms of businesses and professions: Businessmen require land for buildings‚ factories and warehouses; Professionals in practices such as law‚ medicine‚ etc‚ need land to locate their
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NATIVE TITLE: THE DECLARATION OF TERRA NULLIUS Introduction This essay will discuss the declaration of Terra Nullius and what it implied for white settlement of Australia. Furthermore it will explain the High Court’s decision in the Case of Eddie Mabo vs. The State of Queensland. It all began when Australia was conquered under the doctrine of Terra Nullius. Terra nullius can be interpreted as an absence of civilized society. This declaration only gave a mandate for white settlement of Australia
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Council for Aboriginal Reconciliation‚ working alongside Aboriginal Australians‚ which sought to implement different strategies to ameliorate the injustices. In June 1992 the High Court recognised Aboriginal land rights by making a decision that native title existed in the Mabo case. Keating supported this notion and delivered the Redfern Speech in December 1992‚ apologising for the wrongdoings of white society and recognising Aboriginal rights. This was a significant moment and is still recognised today
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Land Acquisitions ..13 1. Acquisitions under the 1999 legislation ..12 2. Land Acquisitions Act No. 47 of 1967 ..14 3. Available Reliefs .. 14 4. Adjudication ..15 8 III. Implications of the land regime A. Security of Tenure ..16 1. The Radical Title ..16 2. Compulsory Acquisitions ..17 B. Governance ..19 1. Accountability ..19 2. Information and Participation ..20 3. Adjudication ..21 C. Gender Equality ..22 D. Land ownership in the changing political economy of Tanzania ..24 16 IV. Lessons
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THE ABORIGINAL EXPERIENCE - STRUGGLES FOR RIGHTS AND FREEDOM _"THROUGHOUT THE SECOND HALF OF THE TWENTIETH CENTURY MANY ABORIGINAL PEOPLE HAVE EXPERIENCED STRUGGLES FOR RIGHTS AND FREEDOMS."_ The struggle for Aboriginal and Islander Land Rights is the longest-running political conflict in Australia’s history. The issue of Aboriginal land rights in Australia has existed for over 200 years‚ and the process still has some way to go. Why is land so important to Aboriginal people’s history and beliefs
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