Property Rights and Landlord Tenant Law

Property Rights and Landlord Tenant
Law

Table of Contents
Legal Issue.................................................................................................................................3
Law and Regulations..................................................................................................................3
Applicability of relevant law......................................................................................................5
Conclusion..................................................................................................................................6

Legal Issue
The legal issue in the case is that whether Anna’s native title right exist over any part of the
farm.
Law and Regulations
Native Title Act 1993
The Native Title Act 1993 provides process for making claims relating to native titles.
Further Native Title recognizes specified right and interest over land or waters where
Aboriginal and Torres Strait Islander groups have practiced and continue to does same1. In
order to recognize title the key variant to be proven is that whether traditional connection to
the area is still continued or not. In case connections under traditional law does exist with
entire property than group is provided native title in appropriate manner.
Pre-date British settlement
It cannot possess any latest legal right.
Traditional Law and custom
Traditional law and custom can be defined as means of transmission of law or custom i.e.
traditional law which has been continued from generation to generation. It can be specified as
age of laws and custom which does exist in normative rules of the Aboriginal and Torres
Strait Islander societies which existed before existence of sovereignty of British Crown.
Further normative system is a system in which traditional law and custom which are owned
by group or individual had continuous existence and vitality from sovereignty.
The decision was made in case of Members of Yorta Aboriginal Community v Victoria
(2002) 214 CLR422 that relevant laws or customer providing connection are required to be
continued in “substantially uninterrupted ” manner since its imposition of sovereignty by
British2. However, in case it is not possible to prove that traditional laws and customer are
‘substantially uniterrupted’than law and customs which are presently acknowledged and
assessed could not be properly claimed as traditional.
1 The Native Title Act 1993
2 Yorta Aboriginal Community v Victoria (2002) 214 CLR422