Land rights are those property rights that pertain to real estate land. Property is any physical or virtual entity that is owned by an individual Real estate is a legal term (in some jurisdictions notably in the USA, United Kingdom
Because land is a limited resource and property rights include the right to exclude others, land rights are a form of monopoly. In Economics, a monopoly (from Greek monos, alone or single + polein, to sell exists when a specific individual or enterprise has sufficient Those without land rights must enter into land use agreements, since they must reside somewhere. Land use' is also often used to refer to the distinct land use types in Zoning. In western culture, land rights are derived from the sovereign; thus, a land value tax is sometimes referred to as rent. Sovereignty is the exclusive Right to control a Government, a country, a people or oneself Land value taxation (LVT (or site value taxation) is an Ad valorem tax where only the value of land itself is taxed Lease Renting is an agreement where a payment is made for the temporary
Land rights can also refer to encumbrances on for example, the right of access. Encumbrance is a legal Term of art for anything that affects or limits the title of a property such as Mortgages, leases, Easements
Land registration provides one mechanism for land rights to be regulated. In Law, land registration is a system by which the Ownership of estates in land, is recorded and registered usually by Government, in order
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Indigenous land rights
Land rights and related resource rights are of fundamental importance to the world's indigenous peoples for a range of reasons, including: the religious significance of the land, self-determination, identity and economics. The term Indigenous Peoples or autochthonous peoples can be used to describe any Ethnic group who inhabit a geographic region with which they have the earliest historical
Aboriginal land claims are claims by indigenous peoples about their ownership of land before the arrival of settlers, primarily Europeans. Aboriginal land claims are claims of Native or Aboriginal peoples (also referred to as Indigenous peoples about their right of ownership of the land they inhabited The history of colonisation has led to a variety of arrangements. Colonisation (also known as Colonization) occurs whenever any one or more species populates a new area
Treaties establishing rights were signed between colonisers and indigenous peoples in New Zealand (the Treaty of Waitangi), and in many parts of North America
In other places gaining recognition of indigenous land rights has required political action and or action in the courts. A Treaty is an agreement under International law entered into by actors in international law namely States and International organizations. New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island The Treaty of Waitangi ( Māori: Tiriti o Waitangi) is a Treaty first signed on February 6, 1840, by representatives of the British
The process of colonisation displaced many indigenous peoples from their traditional lands. These people may not have the ability to claim indigenous land rights as their relationship with the land is not seen as continuous.
Aboriginal title
Aboriginal title is a common law property interest in land. Aboriginal title is a Common law property interest in land It has been recognised in Canada, Australia, New Zealand, the United States Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive The requirements for establishing an aboriginal title to the land vary by jurisdiction, but generally speaking, the aboriginal claimant must establish (exclusive) occupation from a long time ago, i. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority e. before the assertion of sovereignty, and continuity to the present day. Sovereignty is the exclusive Right to control a Government, a country, a people or oneself
Aboriginal title can be extinguished by the government, with different processes to do this in different jurisdictions. Some require the legislature to be explicit when it does this, others hold that extinguishment can be inferred from the government's treatment of the land.
Australia
The foundational case for aboriginal title in Australia is Mabo (no. 2). Native title is a concept in the Law of Australia that recognises in certain cases there was and is a continued beneficial legal interest in land held by local Indigenous Mabo v Queensland (No 2 (commonly known as Mabo) was a landmark Australian court case which was decided by the High Court Before Mabo, land rights for Indigenous Australians living in the Northern Territory were granted under the Aboriginal Land Rights (Northern Territory) Act 1976. Indigenous Australians are descendants of the first known human inhabitants of the Australian continent and its nearby islands. The Northern Territory is a federal territory of Australia, occupying much of the center of the mainland continent as well as the central northern regions In Australian history, the Aboriginal Land Rights (Northern Territory Act established the basis upon which Aboriginal people in the Northern Territory
Following the Mabo decision, Native title is a recognition in the law of Australia of the continued ownership of land by local Indigenous Australians. Native title is a concept in the Law of Australia that recognises in certain cases there was and is a continued beneficial legal interest in land held by local Indigenous The law of Australia consists of the Australian Common law (which is based on the English common law) federal laws enacted by the Parliament
Native title can coexist with non-indigenous proprietary rights and in some cases different indigenous groups can exercise their native title over the same land. It is also an example of two distinct systems of law operating within the same geographic, national and jurisdictional space. It is a recognition by the common law of customary Aboriginal law. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive
The National Native Title Tribunal (NNTT) is the body that investigates and mediates claims made by Aboriginal and Torres Strait Islander peoples. The National Native Title Tribunal is an Australian Commonwealth Government agency set up under the Native Title Act 1993 (Cwlth Native title determinations are made by the Federal Court of Australia. The Federal Court of Australia is the Australian court in which most civil disputes and some summary criminal matters governed by federal law are decided Appeals against these determinations can be made to a full sitting of the Federal Court and then to the High Court of Australia. The High Court of Australia is the final court of appeal in Australia the highest court in the Australian court hierarchy. The National Native Title Register (NNTR) is a register of approved determinations and is maintained by the NNTT. In Law, land registration is a system by which the Ownership of estates in land, is recorded and registered usually by Government, in order
Canada
The leading case for aboriginal title in Canada is Delgamuukw v. British Columbia. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Delgamuukw v British Columbia [1997] 3 SCR 1010 is a famous leading decision of the Supreme Court of Canada where the Court made its most definitive
New Zealand
In New Zealand a permanent commission of inquiry called the Waitangi Tribunal was established by an Act of Parliament in 1975. New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island The Waitangi Tribunal (Māori Te Rōpū Whakamana i te Tiriti) is a New Zealand permanent commission of inquiry established by an Act of Parliament in An Act of Parliament is a Law enacted as Primary legislation by a national or sub-national Parliament. Year 1975 ( MCMLXXV) was a Common year starting on Wednesday (link will display full calendar of the Gregorian calendar. It is charged with investigating and making recommendations on claims brought by indigenous Māori relating to actions or omissions of the Crown, in the period since 1840, that breach the promises made in the Treaty of Waitangi. The term Indigenous Peoples or autochthonous peoples can be used to describe any Ethnic group who inhabit a geographic region with which they have the earliest historical This article discusses the Māori people of New Zealand For their language see Māori language, and for other meanings see Māori (disambiguation. The Treaty of Waitangi ( Māori: Tiriti o Waitangi) is a Treaty first signed on February 6, 1840, by representatives of the British The Treaty was designed by the former ruling colonists to give credence to Aotearoa becoming a British colony, was signed in 1840 between representatives of the British Crown and Maori chiefs of the North Island. This article is about a type of political territory For other uses see Colony (disambiguation. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located This article is about a type of political territory For other uses see Colony (disambiguation. TalkCommonewalth realm.--> The monarchy This article discusses the Māori people of New Zealand For their language see Māori language, and for other meanings see Māori (disambiguation. Many aboriginal land claims have been settled through this tribunal process, with crown land being either returned to its original Maori owners or compensation paid by the New Zealand Government. Tribunal is a generic term for any body acting judicially whether or not it is called a tribunal in its title This article discusses the Māori people of New Zealand For their language see Māori language, and for other meanings see Māori (disambiguation.
United States of America
The concept of aboriginal title was first promulgated in the United States Supreme Court decision of Johnson v. McIntosh (1823). This decision changed the existing legal norm that the right of discovery by a European nation-state secured an exclusive right to treat with the Indigenous Peoples. The decision, authored by Chief Justice Marshall (see also Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832)) established the notion that legal title could only rest with the discoverer and that the Indian Nations has a right of use and occupance as an encumbrance on the discovering nation-state legal title.
Footnotes
Further reading
- Robertson, L. G. , (2005), Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands, Oxford University Press, New York ISBN 019514869X
See also
- Claim club
- Countryside and Rights of Way Act 2000 (in the UK)
- Land grant
- Mineral rights
- Squatter
- Usufruct
- Water rights
- Revised statute 2477
Indigenous land rights
- Aboriginal land claims
- Collective rights
- Commons
- Crown land (see "logging and mineral rights" under Canada)
- Unceded territory
- Indigenous Australians
- Native title and Category:Native title
- Māori, Aotearoa / New Zealand
- Indigenous peoples of the Americas
- Native Americans in the United States
- Indian reservation, land which is managed by a Native American tribe under the United States Department of the Interior's Bureau of Indian Affairs. Claim clubs, also called Actual Settlers' Associations or Squatters' Clubs, were a nineteenth century phenomenon in the American West. The Countryside and Rights of Way Act 2000 is a UK Act of Parliament which came into force on November 30, 2000. A land grant is a gift of Real estate - land or privileges - made by a government or other authority as a Reward for services Mineral rights, mining rights, oil rights or drilling rights, are the rights to remove Minerals Oil, or sometimes Water Squatting is the act of occupying an abandoned or unoccupied space or Building that the squatter does not own rent or otherwise have permission to use Usufruct is the legal right to use and derive profit or benefit from Property that belongs to another person as long as the property is not damaged This article discusses water usage laws in common law. For a discussion of the right to water as a human right under international law, see Right Revised Statute 2477 (known as "RS 2477" was enacted by the United States Congress in 1866 to place a restriction on an 1851 law setting aside all Aboriginal land claims are claims of Native or Aboriginal peoples (also referred to as Indigenous peoples about their right of ownership of the land they inhabited Common land (a common) is a piece of land owned by one person but over which other people can exercise certain traditional rights such as allowing their livestock to graze Crown land is a designated area belonging to The Crown, the equivalent of an entailed estate that passed with the Monarchy and could not be Crown land is a designated area belonging to The Crown, the equivalent of an entailed estate that passed with the Monarchy and could not be Unceded territory refers to land in North America that was never ceded to a government entity by the Indigenous peoples ( Aboriginal peoples in Canada and Indigenous Australians are descendants of the first known human inhabitants of the Australian continent and its nearby islands. Native title is a concept in the Law of Australia that recognises in certain cases there was and is a continued beneficial legal interest in land held by local Indigenous This article discusses the Māori people of New Zealand For their language see Māori language, and for other meanings see Māori (disambiguation. New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island The Treaty of Waitangi ( Māori: Tiriti o Waitangi) is a Treaty first signed on February 6, 1840, by representatives of the British Eva Rickard (1925-1997 was a New Zealand - Aotearoa Māori of Tainui ancestry a mother of 9 a grandmother a spiritual guardian of New Zealand Although New Zealand today is widely regarded internationally as having good relations with its indigenous Māori peoples compared to the indigenous relations of other settler societies For indigenous peoples in the United States other than Hawaii and Alaska see also Native Americans in the United States. Native Americans in the United States are the indigenous peoples from the regions of North America now encompassed by the continental United States An Indian reservation is an area of land managed by a Native American Tribe under the United States Department of the Interior's Bureau Native Americans in the United States are the indigenous peoples from the regions of North America now encompassed by the continental United States The United States Department of the Interior ( DOI) is a Cabinet department of the United States government that manages and conserves most federally History Although the bureau which was called the Office of Indian Affairs was formed in 1824 similar agencies had existed in the U
- Oren Lyons
- Aboriginal peoples in Canada
- Delgamuukw v. British Columbia
- Native Americans in the United States
- Mesoamerica
- Terra nullius
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