Common Law Aboriginal Title

This book addresses the question of land rights for indigenous people in countries such as Canada and Australia. It considers the relationship of these people with the land, a relationship which usually combined emotional, spiritual, economic and legal elements and was an integral part of their traditional way of life. For this reason the author believes that preservation of this relationship is vital to the survival of these people as distinct cultural entities. In particular, he assesses the impact of the reception of English law on colonies acquired by the Crown for settlement, where no form of aboriginal land ownership has been shown to have existed prior to colonization. McNeil attempts to isolate fundamental principles and concludes by suggesting a doctrinal approach which could be used to settle outstanding land claims in any territiory originally made British by settlement.Table of ContentPossession and title to land in English law - the old real actions, the action of ejectment, abandonment of possession; the Crown's title to lands in England - the origin and effect of the Doctrine of Tenures, possession and the record of the Crown's title, exceptional lands; the acquisition of territorial sovereignty by the Crown - methods of acquisition of territory, criteria for classifying colonies; title to land in uninhabited settled territories - Barbados, British Honduras, Pitcairn Island; the effect of Crown acquisition of territory on customary law rights to land - conquered and ceded territories and the Act of State Doctrine, settled territories and customary law title; common law aboriginal title - indigenous land use and English law, the doctrine of tenures and the position of the Crown, related issues; application of the doctrine of common law aboriginal title - the United States, Canada, Australia.