Journal article
Early land grants and reservations: any lessons from the Queensland experience for the sustainability challenge to land ownership?
James Cook University Law Review, Vol.15, pp.42-66
2008
Abstract
Environmentalists have called for a new property paradigm premised on the idea of land ownership as a delegated responsibility to manage land and resources for the public benefi t. An examination of Crown freehold grants from the beginnings of settlement in New South Wales and after the separation of the Colony of Queensland until the 1890s shows that fee simple titles were granted subject to express conditions and reservations designed to reserve useful natural resources to the Crown and to promote public purposes. Over time, legislative regulation of landowners' rights rendered obsolete the use of express conditions and reservations in grants. One result of this change was that the inherently limited nature of fee simple ownership, and the communal obligations to which it is subject, are less transparent than in colonial times.
Details
- Title
- Early land grants and reservations: any lessons from the Queensland experience for the sustainability challenge to land ownership?
- Authors
- S Christensen (Author) - Queensland University of TechnologyPamela A O'Connor (Author) - Monash UniversityW Duncan (Author) - Queensland University of TechnologyR Ashcroft (Author) - Queensland University of Technology
- Publication details
- James Cook University Law Review, Vol.15, pp.42-66
- Publisher
- James Cook University
- Date published
- 2008
- ISSN
- 1321-1072
- Copyright note
- Copyright © 2008 The Author. Reproduced with permission of the copyright holder.
- Organisation Unit
- University of the Sunshine Coast, Queensland
- Language
- English
- Record Identifier
- 99450119502621
- Output Type
- Journal article
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