Form Of Land Constraliation In The Australian Common Law System

Decent Essays

Under the Australian common law system, the form of land ownership adopted is that only the Crown can own land. A person living on the land can only an estate of the land. This means that a person could never fully own land. Only the Crown has full ownership of land. This form of ownership is known as the doctrine of estates. The Crown having full ownership means that land without an owner did not exist. The first form of land ownership used in Australia was the doctrine of tenure. Which originated from English common law, upon the British settlement.

The feudal system adopted in England at medieval times provided a system that was economic and it provided a geographic map for the people living in the country. The purpose of the feudal system was to give power to the Crown, who owned all the land. In return, the Crown decided how they would grant land. The doctrine of tenure was implemented in Australia was not suited to the structure of the country. There was no need to adopt the English version of tenure. The structure of Australia provided a great opportunity to create a new kind of tenure that was unique to Australia. The reason for not creating a new version of tenure was due to the settlers already having precedents they needed to follow.

The doctrine of tenure originates from English common law. It forms the structure of Land Law in Australia. There were different types of tenure in the English system. The form of tenure used in Australia was free and common

Get Access