Allodial Title and 1st Nations
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Joelvonthrum
 June 02 2023
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    The link is mainly focussed on Australia, but it is a concept said to extend to 1st peoples globally.


    '‘Allodial’ refers to an original right to land, ownership clear of any superior landlord. The allodial rights to land exist free and prior from ever being granted by the crown.'


    I'm no lawyer, but it seems to be that such a claim is equivalent to saying 'I was here 1st, so therefore it's mine', which is similar to 'possession is 9 tenths of the law'.


    I see the argument that some peoples were dispossessed of their land by settlers and/ or the Crown, but at what pt are said rights extinguished (100 yrs? 200yrs? More? Never?) and what criteria should be applied to prove such a claim? In the Australian context, small groups wandered over very large areas and, according to my understanding, didn't have a concept of land ownership (or ownership at all) as such. Couple this with the facts that there are no actual records of any kind - just an oral tradition - and no evidence that the same peoples were in the same regions for centuries as they were semi nomadic, pre-literate and pre-agrarian.


    It seems to me that a Wstn concept is being used retrospectively by some peoples to shoe horn in claims that their own culture didn't support.


    Further, if such claims are recognised, what are the associated duties that come along with it? Does the successful claimant then have to take full responsibility for maintenance and upkeep of infrastructure that is inherited, and are said improvements automatically gifted?


    Thoughts?

    allodial
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