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The United States was the first jurisdiction to acknowledge the common law doctrine of aboriginal title (also known as "original Indian title" or "Indian right of occupancy"). Native American tribes and nations establish aboriginal title by actual, continuous, and exclusive use and occupancy for a "long time." Individuals may also establish ...
The native title rights and interests claimed included the right to exclusive possession. [1] [2] The case established that traditional owners do have native title of the sea and sea-bed; however, common law rights of fishing and navigation mean that only non-exclusive native title can exist over the sea. [1]
Aboriginal title is also referred to as indigenous title, native title (in Australia), original Indian title (in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights , influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to ...
In Australia, native title is a common law concept that recognizes that some indigenous people have certain land rights that derive from their traditional laws and customs. [9] Native title can co-exist with non-indigenous proprietary rights and in some cases different indigenous groups can exercise their native title over the same land.
Upheld non-exclusive native title rights to the sea and sea bed 2002: Western Australia v Ward: High Court: Native title is a bundle of rights, which may be extinguished one by one 2002: Yorta Yorta v Victoria: High Court: Upheld a finding that the "tide of history" had "washed away" traditional laws and customs and that the native title claim ...
Sims' Lessee v. Irvine (1799) was the first Supreme Court decision to discuss aboriginal title (albeit briefly), and the only such decision before the Marshall Court. The Court found ejectment jurisdiction over certain lands, notwithstanding the defendant's claim (in the alternative to the claim that the defendant himself held title) that the lands were still held in aboriginal title because:
Citation to Johnson has been a staple of federal and state cases related to Native American land title for 200 years. Like Johnson, nearly all of those cases involve land disputes between two non-Native parties, typically one with a chain of title tracing to a federal or state government and the other with a chain of title predating U.S ...
Ancestral domain or ancestral lands are the lands, territories and resources of indigenous peoples, particularly in the Asia-Pacific region. The term differs from indigenous land rights, Aboriginal title or Native Title by directly indicating relationship to land based on ancestry, while domain indicates relationships beyond material lands and territories, including spiritual and cultural ...