Fragmentation of proprietary interests

LA2015 – Tuesday, week 2, 2014

FRAMEWORK OF LAND REGULATION IN QLD

Module 3

Statutory land regulation

Freehold

PLA LTA

Leasehold

Land Act

Native Title Act

Property Law Act 1974 (Qld)

• To what date is your reprint current?• What is the long title of the Act?• Where would you find definitions in the Act?• What is the purpose of the Act?• Describe, in your own words, the application of

the Act• Compare the titles of the different parts in the Act

and the key concepts or module titles in this subject – can you find any similarities? Which parts do you think might be relevant in this subject?

• Describe the overall structure of the Act – draw a mind map or diagram of how it is structured.

FRAGMENTATION OF PROPRIETARY INTERESTS

Module 3

Fragmenting Property

Interests? The

Property Pie™

Doctrine of tenure (terms)

Doctrine of estates (time)

Equitable interests

(jurisdiction)

Native title (system)

framework of regulation of land in Qld

…Australian doctrine of tenure

native title – how?critique ‘property’ from cultural perspective

FRAGMENTATION OF INTERESTS BY TERMS

the doctrine of tenure

The king establishe

d his authority

by claiming

all land as paramount

lord

KingTenant

in chief

Mesne Lord

Tenants in demesne

Frankalmoigne

Knight service Sarjeanty

Socage

Homage, fealty

etc

Aids

Relief & primer seisin

Wardship &

marriage

Escheat

King

Tenants in demesne

Subinfeudation gone mad…

Frankalmoigne

Knight service Sarjeanty

Socage

Tenures Abolition Act 1660

Australian Land Law:

Sovereignty vs

property

What law applies to an uninhabited land?

Image from: http://www.goannatracks.com/2009/07/snow-fields-of-cape-york-shelburne-bay.html

The waste lands of this colony are and ever have been … in the crown…

Native title challenges

the feudal doctrine of

tenureImage from: http://en.wikipedia.org/wiki/Basket-hilted_sword

Mabo changes how we think about land from the time of colonisation