An overview of the regulatory framework of land in Queensland, followed by an introduction to the feudal doctrine of tenure and its evolution into the Australian doctrine of tenure

1. Fragmentation of
proprietary interests
LA2015 – Tuesday, week 2, 2014

2. FRAMEWORK OF LAND
REGULATION IN QLD
Module 3

3. Statutory land regulation
Freehold
PLA LTA
Leasehold
Land Act
Native Title
Act

4. 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.

5. FRAGMENTATION OF
PROPRIETARY INTERESTS
Module 3

6. Fragmenting
Property
Interests? The
Property Pie™
Doctrine of
tenure
(terms)
Doctrine of
estates
(time)
Equitable
interests
(jurisdiction)
Native title
(system)

7. framework of regulation of land
in Qld
…Australian doctrine of
tenure
native title – how?
critique ‘property’ from
cultural perspective

8. FRAGMENTATION OF INTERESTS
BY TERMS
the doctrine of tenure

9. The king
established
his
authority
by claiming
all land as
paramount
lord

10. King
Tenant
in chief
Mesne Lord
Tenants in
demesne

11. Frankalmoigne
Knight service Sarjeanty
Socage

12. Homage,
fealty
etc
Aids
Relief &
primer
seisin
Wardship
&
marriage
Escheat

13. King
Tenants in demesne
Subinfeudation
gone mad…

14. Frankalmoigne
Knight service Sarjeanty
Socage
Tenures Abolition Act 1660

15. Australian
Land Law:
Sovereignty
vs property

16. What law applies to an
uninhabited land?
Image from: http://www.goannatracks.com/2009/07/snow-fields-of-cape-york-shelburne-bay.html

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

18. Native title
challenges
the feudal
doctrine of
tenure
Image from: http://en.wikipedia.org/wiki/Basket-hilted_sword

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