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Journal articles on the topic 'Land title'
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Adebola Ajayi, Mary. "A Baseline Assessment of Gender Distribution of Government Land Allocation and Private Titled Lands in Akure, Nigeria." JOURNAL OF AFRICAN REAL ESTATE RESEARCH 6, no. 1 (June 29, 2021): 1–18. http://dx.doi.org/10.15641/jarer.v6i1.947.
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There is strong evidence that most land transactions in Nigerian urban areas take place in the private or informal land market and remain untitled. Only a small percentage of land transactions take place through government allocation even though it ensures greater tenure security. This study examines gender distribution in the allocation of government lands in Akure, Nigeria and the rate of land title registration in the private land market using secondary data of land allocation and Certificate of Occupancy for a period of 10 years (2009-2018) from the Lands Department of the Ministry of Works, Land and Housing, Akure. Close-ended questionnaires were administered to the officials in charge of the records and the Director of the Department was interviewed. Primary data were analysed using weighted mean scores, while secondary data were analysed using ratio and difference measures, trend analysis and analysis of variance (ANOVA). Findings show that the number of registered land titles in private land was lower than the number of government land allocations even though more transactions took place in the private land market. The time taken to process land title registration and lack of awareness were ranked highest among factors affecting land title registration. Although there were no gender specific requirements in the process of land allocation and title registration, stereotypes appear to play a role in land distribution decisions and title registration across the study area. A risk ratio of as high as three to one (males to females) in land allocation and 10 to one in land title registration was observed in some years. The paper recommends educating people, especially women, about the importance of land titling and accessing government land, which is far more secure than private land. Recommendations are also made towards a better land registration process in the study area.
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Woodman, Gordon R. "Land Title Registration Without Prejudice: The Ghana Land Title Registration Law, 1986." Journal of African Law 31, no. 1-2 (1987): 119–35. http://dx.doi.org/10.1017/s0021855300009281.
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Professor Antony Allott's first studies of law in Africa were of Ghanaian land law. From an early date he has discussed issues of land title registration in Africa. It is therefore fitting in this celebratory number to note that Ghana, after many years of debate and delays, recently enacted a statute providing for the registration of interests in land throughout the country. It is planned that the Land Title Registration Law, 1986 (P.N.D.C.L. 152) (hereafter “the Law”) will be brought into operation in stages as areas are successively designated “registration districts”. It is expected to begin with Accra “and designated agricultural areas”, according to the Memorandum to the Law. When an area is so designated, the Chief Registrar of Lands will be obliged forthwith to call upon all persons claiming interests in land therein to present their claims. Those proven, after adjudication if necessary, will be registered, and the register will be conclusive. All subsequent changes in the holding of interests are to be effectuated through changes in the register. The Land Title Registration Regulations, 1986 (L.I. 1341) have already been made to provide in more detail for the procedures to be followed.This contribution attempts to provide a brief, critical summary of the central features of the Law. It considers these in the context of the historical development of Ghanaian land law, and contrasts them with features of certain other schemes which have been implemented or proposed.
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Hooke, Frank M. "THE NATIVE TITLES ACT 1993—THE PETROLEUM INDUSTRY AND THE FUTURE." APPEA Journal 34, no. 2 (1994): 174. http://dx.doi.org/10.1071/aj93099.
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The judgement of the High Court of Australia in 1992 in Mabo v. Queensland has had a major impact on land law in Australia.The Native Titles Act, 1993, is the first of what will be many steps in a long, complex legislative program to integrate 'native title', into Australia's land law.Those drafting the Native Title Act seemed to have concentrated on dealing with 'native title' issues in isolation and to have ignored or put to one side the need for it to mesh with other aspects of land law. This has created uncertainty for many users of land and will require review.Although the contrary was intended, the Act creates, in practical terms, significant uncertainty for renewal of existing oil and gas exploration and production titles. It also has implications for applicants for new titles and in due course for farmouts and assignments.Eventually additional legislation will be required to clarify the relationship of native title with the other areas of land law.
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Ngubane, Sizani. "Title to the Land?" Agenda, no. 42 (1999): 7. http://dx.doi.org/10.2307/4066033.
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Ekemode, Benjamin Gbolahan, Oluseyi Joshua Adegoke, and Adetunji Aderibigbe. "Factors influencing land title registration practice in Osun State, Nigeria." International Journal of Law in the Built Environment 9, no. 3 (October 9, 2017): 240–55. http://dx.doi.org/10.1108/ijlbe-04-2017-0014.
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Purpose The registration of land titles is an important component of title documentation and certification process that is influenced by a variety of factors. The purpose of this paper is, therefore, to examine factors influencing land title registration practice in Osun State, Nigeria. Design/methodology/approach Data used for this paper were collected from 520 land title registration applicants, representing 48.10 per cent of the total number of applicants for land title/property rights registration in Osun State, Southwestern Nigeria, using systematic random sampling technique, with sampling interval k = 5. Data collected were analyzed using descriptive and inferential statistical techniques, such as frequency distribution and percentages, relative importance index (RII) and factor analysis. Findings The findings revealed that factors such as high cost of title documentation and corrupt practices of land registry staff had significant influence on land title/property rights registration process, while factors such as suitability of organizational structure and personnel competence/low morale had less influence on land title registration in the study area. Practical implications The findings of this paper suggest the inadequacies inherent in the land title registration process in the study area which has significant implications for land titling registration process in Osun State, the entire Nigerian state and other emerging African economies. Originality/value The paper is one of the few papers that analyzed the factors influencing land title registration from the perspective of end-users in an emerging African economy like Nigeria.
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Mintah, Kwabena, Kingsley Tetteh Baako, Godwin Kavaarpuo, and Gideon Kwame Otchere. "Skin lands in Ghana and application of blockchain technology for acquisition and title registration." Journal of Property, Planning and Environmental Law 12, no. 2 (May 4, 2020): 147–69. http://dx.doi.org/10.1108/jppel-12-2019-0062.
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Purpose The land sector in Ghana, particularly skin lands acquisition and title registration are fraught with several issues including unreliable record-keeping systems and land encroachments. The paper explores the potential of blockchain application in skin lands acquisition and title registration in Ghana with the aim of developing a blockchain-enabled framework for land acquisition. The purpose of this paper is to use the framework as a tool towards solving some of the loopholes in the process that leads to numerous issues bedeviling the current system. Design/methodology/approach The paper adopts a systematic literature review approach fused with informal discussions with key informants and leverages on the researchers’ own experiences to conceptualize blockchain application in skin lands acquisition in Ghana. Findings Problems bedeviling skin lands acquisition and title registration emanated from the issuance of allocation notes, payment of kola money and use of a physical ledger to document land transactions. As a result, the developed framework was designed to respond to these issues and deal with the problems. As the proposed blockchain framework would be a public register, it was argued that information on all transactions on a specific parcel of land could be available to the public in real-time. This enhances transparency and possibly resolves the issue of encroachments and indeterminate land boundaries because stakeholders can determine rightful owners of land parcels before initiating transactions. Practical implications Practically, blockchain technology has the potential to deal with the numerous issues affecting the smooth operation of skin lands acquisition and title registration in Ghana. Once the enumerated issues are resolved, there will be certainty of title to and ownership of land and property to drive investments because lenders could more easily ascertain owners of land parcels that could be used as collateral for securing loans. Similarly, property developers and land purchasers could easily identify rightful owners for land transactions. The government would be able to identify owners for land and property taxation. Originality/value This paper contributes to the literature on blockchain and application to land acquisition and title registration with a focus on a specific customary land ownership system.
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Edwards, William H. "The Church and Indigenous Land Rights: Pitjantjatjara Land Rights in Australia." Missiology: An International Review 14, no. 4 (October 1986): 473–86. http://dx.doi.org/10.1177/009182968601400406.
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In this article the author, whose experience in cross-cultural communication as a missionary was used by a group of Australian Aboriginal people among whom he had worked to interpret their demand for title to their traditional land, outlines aspects of the traditional life of the Pitjantjatjara people and their conception of their relation to the land. Edwards traces the history of the dispossession of the land following European settlement, and the history of negotiations which led to the recognition of their title to the land under South Australian legislation. He comments on the role of the churches in these events and reflects on a Christian approach to indigenous land rights, noting that churches in other lands, in their mission work, are also involved with indigenous peoples in struggles to achieve just recognition to title for their land.
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Miceli, Thomas J., Henry J. Munneke, C. F. Sirmans, and Geoffrey K. Turnbull. "Title Systems and Land Values." Journal of Law and Economics 45, no. 2 (October 2002): 565–82. http://dx.doi.org/10.1086/340085.
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Hunt, M. W. "NATIVE TITLE ISSUES AFFECTING PETROLEUM EXPLORATION AND PRODUCTION." APPEA Journal 39, no. 2 (1999): 107. http://dx.doi.org/10.1071/aj98065.
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This paper focusses on onshore exploration and production because the right to negotiate does not apply offshore. However, the Native Title Act can be relevant to offshore oil and gas explorers and producers. First, where their area of interest includes an island within the jurisdiction of Western Australia. Secondly, in respect of land required for the facilities to treat petroleum piped ashore.Under the original Native Title Act the right to negotiate proved unworkable, the expedited procedure failed to facilitate the grant of exploration titles and titles granted after 1 January 1994 were probably invalid.The paper examines the innovations introduced by the amended Native Title Act to consider whether it will be more 'workable' for petroleum explorers and producers. It examines some of categories of future acts in respect of which the right to negotiate does not apply (specifically indigenous land use agreements, renewals and extensions of titles, procedures for infrastructure titles, reserve land, water resources, low impact future acts, approved exploration etc acts and the expedited procedure).Other innovations include the new registration test for native title claims, the validation of pre-Wik titles, the amended right to negotiate procedure, the State implementation of the right of negotiate procedure and the objection and adjudication procedure for grants on pastoral land.The response of each state and territory parliament to the amended Act is considered, as is the Federal Court decision in the Miriuwung Gajerrong land claim (particularly the finding that native title includes resources, questioning whether these resources extend to petroleum).The paper observes that the full impact of the new Act cannot be determined until the states and territories have passed complementary legislation and it is all in operation. However, the paper's preliminary conclusion is that it does not provide a workable framework for the interaction between petroleum companies and native title claimants.The writer's view is that the right to negotiate procedure is unworkable if relied upon to obtain the grant of a title. If a proponent wishes to develop a project in any commercially acceptable timeframe, it will have to negotiate an agreement with native title claimants. The paper's conclusion is that a negotiated agreement is the only way to cope with native title issues.
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Sanderson, Douglas, and Amitpal C. Singh. "Why Is Aboriginal Title Property if It Looks Like Sovereignty?" Canadian Journal of Law & Jurisprudence 34, no. 2 (July 27, 2021): 417–60. http://dx.doi.org/10.1017/cjlj.2021.13.
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According to the Supreme Court of Canada, Aboriginal title is a property right, albeit of a distinctive kind. Most significantly, the right is subject to an inherent limit: title lands cannot be used in a way that deprives present and future generations of the right to use the land. Aboriginal title is also encumbered by a restraint on alienation, and has its source in Aboriginal legal systems that predate and survive the assertion of Crown sovereignty. In this paper, we argue that these features of Aboriginal title are not burdensome judicial innovations on a property right, but are instead the essential contours of a sovereign right. That is, the Court’s own description of Aboriginal title does not comport with sound theoretical understandings of a property right. Aboriginal title is much more akin to a right of sovereignty—the right to make laws about the use of a territory. Aboriginal title is the right of law-making jurisdiction over the title lands. The existing literature, while edging towards the view that Aboriginal title is a sovereign right, has lacked the unifying theoretical basis needed to decisively dispatch the Court’s property paradigm. In particular, all extant accounts find the inherent limit inexplicable. The account in this article theorizes and explains the inherent limit, as well as all of the sui generis elements of Aboriginal title, and shows their interconnectedness. Our view additionally answers a number of questions that the Court’s property paradigm does not, including: (1) what laws primarily govern title lands; (2) who has standing to question whether any particular use of title land violates the inherent limit; (3) what is the status of private land interests that overlap with Aboriginal title lands; and (4) how should the doctrine of Aboriginal title be updated in light of jurisprudential developments emphasizing that Indigenous peoples never ceded their sovereignty?
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Coldham, Simon. "Land Reform and Customary Rights: The Case of Uganda." Journal of African Law 44, no. 1 (2000): 65–77. http://dx.doi.org/10.1017/s0021855300012043.
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This article examines the Ugandan Land Act, 1998, which seeks to transform land relations throughout the country both by settling once and for all the vexed question as to the relative rights of “owners” and “tenants” of mailo land, and by providing procedures whereby persons may apply either for certificates of customary ownership or for freehold titles to their land. While the Act recognizes that in some areas it may be more appropriate for land to be held communally, it is the long-term aim that most land should be held on individual freehold title. However, the negotiability of such a title is undermined by a variety of provisions designed to protect customary rights.
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., Stella, and Hasni . "ANALISIS TERHADAP TANDA BUKTI HAK ATAS TANAH BERDASARKAN UUPA DAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TERKAIT PENGGUNAAN GIRIK NOMOR 87 PERSIL 157 KELURAHAN CENGKARENG BARAT (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 2459K/PDT/2014)." Jurnal Hukum Adigama 1, no. 1 (July 23, 2018): 1013. http://dx.doi.org/10.24912/adigama.v1i1.2184.
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Since of Agrarian Law in Indonesia, western right land and communal right land have been converted into land right according to Agrarian Law so the state is obliged to provide legal assurance through land registration, with the end product is certificate as a proof of title. Proof is an important part of law society as it is the legal standing of land ownership. A strong proof of title is defined in the Agrarian Law and Government Regulation as the implementing regulation, however Indonesian society especially low-economy society still the old proof of title. The main issue is how Customary Title Status relates to the proof of land right in the national land law and judge of Supreme Court made in consideration in resolving civil dispute number 2459K/Pdt/2014 on use of customary land title no.87 land parcel 157 West Cengkareng urban village. Based on the research outcome, that the existence of customary land title is still recognized to this date only as one of the requirements in the land registration process to prove the old title and conversion of communal land so that decision of Supreme Court is correctly made that customary land title is not a form of land ownership since there is no agency except National Land Agency can issue proof of title that is certificate. As of the result of this, certificate is a strong proof of land title. So should, there is an importance common understanding of customary land title from fiscal cadaster rather than legal cadaster.
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Sakprachawut, Soontaree, and Damien Jourdain. "Land titles and formal credit in Thailand." Agricultural Finance Review 76, no. 2 (July 4, 2016): 270–87. http://dx.doi.org/10.1108/afr-12-2015-0055.
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Purpose – The purpose of this paper is to investigate the effects of land titles and farmers’ characteristics on their participation in the formal credit market in a land reform area of Thailand. Design/methodology/approach – Data collected on 218 farm households in one land reform area of Western Thailand are analyzed with a generalized double-hurdle model to calculate the probability of farm households to take a loan and the size of the loans from a formal credit institute, the Bank for Agriculture and Agricultural Co-operatives. Findings – The results suggest that the absence of a title, whether fully or partially transferable, decreases significantly the participation to the formal credit market and the size of the loans. However, this effect was small. The findings also indicate that the farm assets, household head’s gender and age, and the labor force per hectare were significantly influencing the probability of participation to borrow money as well as the amount borrowed. Practical implications – The possibility given to farmers having title with partial transferability to provide alternative types of guarantees reduced the gap in loan-taking between the different types of land title. However, the presence of a land title, transferable or not, had a significant influence on farmers demand and success in obtaining credit. Originality/value – The paper investigates the possible effects of a unique partial land rights in Thailand that guarantees only security of use of the land but prohibits sale.
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Gravoso, Rotacio, Ernesto Bulayog, and Ma Anabelle Gerona. "Experiences in Acquiring Titles Among Land Claimants in LAMP Municipalities in Leyte." Science and Humanities Journal 07, no. 1 (December 2, 2007): 36–51. http://dx.doi.org/10.47773/shj.1998.071.3.
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This paper presents land claimants' experiences in acquiring land titles under the sporadic and LAMP land titling schemes. Data were gathered using an interview schedule. Respondents were land claimants from the pilot areas of LAMP-PIO I. Most of them were old, married obtained high school education, and had annual income that fell below the poverty line. Findings showed that under tha LAMP scheme, claimants were able to get their title within about a year. On the other hand, it took an average of 7 years for land claimants to get their title in the sporadic scheme. Respondents who claimed that the LAMP scheme is more effective said that it is faster, cheaper and most importantly, has more systematic procedures.
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Blackman, Allen, Leonardo Corral, Eirivelthon Santos Lima, and Gregory P. Asner. "Titling indigenous communities protects forests in the Peruvian Amazon." Proceedings of the National Academy of Sciences 114, no. 16 (April 3, 2017): 4123–28. http://dx.doi.org/10.1073/pnas.1603290114.
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Developing countries are increasingly decentralizing forest governance by granting indigenous groups and other local communities formal legal title to land. However, the effects of titling on forest cover are unclear. Rigorous analyses of titling campaigns are rare, and related theoretical and empirical research suggests that they could either stem or spur forest damage. We analyze such a campaign in the Peruvian Amazon, where more than 1,200 indigenous communities comprising some 11 million ha have been titled since the mid-1970s. We use community-level longitudinal data derived from high-resolution satellite images to estimate the effect of titling between 2002 and 2005 on contemporaneous forest clearing and disturbance. Our results indicate that titling reduces clearing by more than three-quarters and forest disturbance by roughly two-thirds in a 2-y window spanning the year title is awarded and the year afterward. These results suggest that awarding formal land titles to local communities can advance forest conservation.
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Sandberg, Haim. "Jerusalem: Land Title Settlement and Expropriation." Journal of Israeli History 23, no. 2 (March 2004): 216–31. http://dx.doi.org/10.1080/1353104042000282393.
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Miceli, Thomas J., and Joseph Kieyah. "The economics of land title reform." Journal of Comparative Economics 31, no. 2 (June 2003): 246–56. http://dx.doi.org/10.1016/s0147-5967(03)00041-6.
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Alananga Sanga, Samwel. "The value of formal titles to land in residential property transactions." International Journal of Housing Markets and Analysis 11, no. 1 (February 5, 2018): 117–48. http://dx.doi.org/10.1108/ijhma-04-2017-0033.
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Purpose The purpose of this paper is to analyse the impact of title risks on property prices to establish the associated title risk-price premiums across property types and the moderating effect of occupation strategies for informal transactions. Design/methodology/approach Based on household survey data on transactions for 1,514 residential properties in Kinondoni Municipality, Tanzania, binomial logistic regression models were implemented to predict pre-purchase transaction risks. The results of which were used as inputs in mixed effect models to examine the effect of the predicted title risks on (2,010 constant) purchase price for three-bedrooms finished and unfinished housing units and 400 m2 plots. Findings Although legal titles have positive overall title risk-price premiums, such premiums hardly accrue from transactions involving finished houses and marginally accrue from vacant plots transactions. On average, unfinished housing purchasers are title risk-averse, “vacant plots” purchasers are title risk-neutral, while “finished housing” purchasers are title risk-lovers. Research limitations/implications The sample composition does not include developer-built housing units, the inclusion of which may sway results away from the observations of this study. Practical implications Titling alone can hardly be used as a property market stimuli (eliminate transaction risks) unless the market is dominated by unfinished houses. Originality/value Existing studies consider neither traded housing products nor pre-purchase transaction risks or consider only one of the two, thus leaving a gap in the literature for which this study sought to bridge. Researchers must incorporate both to arrive at a well-informed conclusion on the potential risks as well as prices achievable in each transaction.
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Due, Clemence, and Damien W. Riggs. "Representing 'Australian Land'." International Journal of Critical Indigenous Studies 3, no. 1 (January 1, 2010): 26–36. http://dx.doi.org/10.5204/ijcis.v3i1.56.
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This article examines how Indigenous Australians' claims to their land are represented in the mainstream, non-Indigenous Australian media. In so doing, the article explores the common tropes available to non-Indigenous Australians in relation to Indigenous ownership of land, and in particular the native title system. It is argued that whilst initial land claims are discussed in detail within the media from a variety of perspectives, subsequent Indigenous land use agreements are most commonly reported upon in terms of business and economic concerns, with 'failed' agreements represented as impediments to 'development'. Thus, whilst the claims of Indigenous Australians to their land are sometimes reported positively by the media, this is only insofar as native title does not impede business development, which is frequently represented as the way in which land ultimately ought to be used. Thus non-Indigenous readers are left with an image of native title whereby initial land claims are considered not to be threatening, but only to the extent that subsequent use of the land still fits a white Australian image of 'development'.
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Asenso-Gyambibi, D., M. Affam, and E. Y. Amoafo. "Perfecting Rural Land Title for Wealth Creation and Sustainable Development." Ghana Mining Journal 19, no. 2 (December 22, 2019): 10–16. http://dx.doi.org/10.4314/gm.v19i2.2.
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AbstractPerfecting land title refers to the process of securing tenure on land. It refers to the assurance that the land one holds for an agreed period of time and purpose is certain. It requires a level of legitimacy. It is on record that agriculture, forestry and mining sectors constitute about 70% of Ghana’s gross domestic product. However, the lack of several large-scale plantations in Ghana can be partly attributed to the land tenure system. Land rights in rural communities are not secured in that the lands are not themselves well defined and rights are not documented. The study used modern survey methods to clearly map out farms in a systematic manner for farmers under a cooperative for rubber plantation development. The rights of tenant farmers and landholders are clearly and legally documented and registered into the formal land administration system. The spatial and attribute data are incorporated into a Geographic Information System (GIS) that serves as tool for data management on the farmers. The pilot study was successful in improving not only tenure security and data access, but also access to funding by participating farmers. Keywords: Land Tenure Security, Registration, Spatial Data, Attribute Data
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Ye, Ruiping. "Torrens and Customary Land Tenure: a Case Study of the Land Titles Registration Act 2008 of Samoa." Victoria University of Wellington Law Review 40, no. 4 (May 3, 2009): 827. http://dx.doi.org/10.26686/vuwlr.v40i4.5249.
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This article describes the customary land tenure in Samoa, and analyses the effects of the introduction of a Torrens system of land registration on the customary land tenure. In particular, it examines the registration of adjudicated customary land (customary land in respect of which judgment has been made by the Land and Titles Court) under the Land Titles Registration Act 2008, as well as the combined effect of the Taking of Land Act 1964 and Torrens registration on customary land. It argues that the LTRA 2008 may be repugnant to the Constitution and that the Torrens system is incompatible with customary land tenure. It recommends that the law expressly exclude customary land from the indefeasibility of title effect of the Torrens system.
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Putra, Garda Viska, and Hudali Mukti. "KAJIAN HUKUM TENTANG PENGUKURAN DAN PEMETAAN UNTUK PENDAFTARAN TANAH DITINJAU DARI PERATURAN MENTERI AGRARIA DAN TATA RUANG/KEPALA BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA NOMOR 1 TAHUN 2017 TENTANG PERUBAHAN ATAS PERATURAN MENTERI AGRARIA DAN TATA RUANG/KEPALA BADAN PERTANAHAN NASIONAL NOMOR 35 TAHUN 2016 TENTANG PERCEPATAN PELAKSANAAN PENDAFTARAN TANAH SISTEMATIS LENGKAP." Yuriska : Jurnal Ilmiah Hukum 10, no. 2 (August 20, 2018): 129. http://dx.doi.org/10.24903/yrs.v10i2.353.
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The measurement and mapping of land parcels for land registration is the initial subject in the framework of land certification to obtain a land title certificate. Problems and constraints that occur in the measurement and mapping of land parcels if not given a solution that can certainly cause more land disputes. Complete Systematic Land Registration is one of the efforts of the Ministry of Agrarian Affairs and Spatial Planning or the National Land Agency of the Republic of Indonesia in order to resolve the problems that occur, including the uncharted land parcels with old land titles and other fields that have not been granted land titles. a method of measuring the old parcels of land that are not in accordance with the current conditions, parsing land parcels that have experienced land disputes.
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Liang, Shunlin, Jiancheng Shi, and Guangjian Yan. "Recent Progress in Quantitative Land Remote Sensing in China." Remote Sensing 10, no. 9 (September 18, 2018): 1490. http://dx.doi.org/10.3390/rs10091490.
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During the past forty years, since the first book with a title mentioning quantitative and remote sensing was published [1], quantitative land remote sensing has advanced dramatically, and numerous books have been published since then [2–6] although some of them did not use quantitative land remote sensing in their titles. [...]
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Prasetya, Rangga Dwi, and Hatta Isnaini Wahyu Utomo. "PERLINDUNGAN HUKUM BAGI KREDITUR ATAS JAMINAN SERTIFIKAT HAK GUNA BANGUNAN YANG BERDIRI DI ATAS HAK PENGELOLAAN." Res Judicata 2, no. 2 (October 27, 2019): 311. http://dx.doi.org/10.29406/rj.v2i2.1752.
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Management Rights Title is the right to control over the land from the state authority delegated to the holder partial implementation. Land with Management Rights Title may be granted to another party one through Building Rights Title. The whole provisions governing Building Rights Title generally applies to Building Rights Title on the land Management Right Title. No Regulation Legislation that specifically regulates the building standing on the Management Rights raises the issue of how if Building Rights Title will serve as collateral and then how protection for creditors at the time of going to execute if the party becomes the debtor defaults.
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Annez, Patricia Clarke, Bijal Bhatt, and Bimal Patel. "What Getting Legal Land Title Really Means." Review of Market Integration 9, no. 1-2 (April 2017): 1–26. http://dx.doi.org/10.1177/0974929217721762.
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Miceli, Thomas J., C. F. Sirmans, and Geoffrey K. Turnbull. "The Dynamic Effects of Land Title Systems." Journal of Urban Economics 47, no. 3 (May 2000): 370–89. http://dx.doi.org/10.1006/juec.1999.2145.
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Roestamy, Martin. "PARADIGMA HAK KEBENDAAN KEPEMILIKAN SARUSUN YANG DIBANGUN PADA LAHAN HAK GUNA BANGUNAN." DE RECHTSSTAAT 2, no. 1 (March 1, 2016): 1–22. http://dx.doi.org/10.30997/jhd.v2i1.679.
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Of the title "The Legal Paradigm of the properties on the strata title ownership built above the land with the Right to Cultivate Ownership" research objectives to be at said is knowing why the legal construction of the right material from the strata title built on land rights, attached to the Rights of material the building as common property rights and know how reconstruction material rights on the Strata titles built on building rights or rights of use that reflects justice and legal certainty. With the concept of methodologies theories and research approaches, as well as of the problems of this study concludes that there are a couple of things. First by sticking the land rights of the unit, then Strata titles have a dependency on the bottom right HGB as with all buildings owned and also can weaken the property rights of apartment units as the strongest and most, but became assessors of HGB. This situation raises a negative implication in the community and has created legal uncertainty and considered unfair, weakening the material rights of Strata titles caused dualism applicable law, the law of the land, building law and the law of objects. It affects the mutual intervention and debilitates the material rights as stipulated in the rules of the law of things, namely; droit de suite, droit de preverent, and droit de levering. In construction law, state that debilitates the legal certainty and justice, it can be reconstructed from the perspective of the development of the legal system of the building against the law of the land, or to the development of HGB as of right down with some simulations and restoration of existing government regulations, or reconstruct the principal laws agrarian related lease rights, land rights, and the rights of use by developing existing government regulations become law, so the law on the new ground by adding the rights of others. In a reconstruction of the law of the land, which is more competitive and create legal certainty and fairness.
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Akowedaho, Bienvenu Dagoudo, Inoussa Guinin Asso, Bruno Charles Pierre O’heix, Soulé Akinhola Adéchian, and Mohamed Nasser Baco. "Access to Land for Agricultural Entrepreneurial Activities in the Context of Sustainable Food Production in Borgou, according to Land Law in Benin." Land 11, no. 9 (August 23, 2022): 1381. http://dx.doi.org/10.3390/land11091381.
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Access to land is crucial for food systems to address the challenges caused by habitat and biodiversity loss, land and water degradation, and greenhouse gas emissions. Sustainable food production requires land security upstream for agricultural production. Land security emanates from the land law implemented in-country by government policy. In the span of a decade (2007–2017), three different land reforms have been adopted in Benin. This paper aims to investigate the land rights and land tenure security for sustainable food production according to land law and the factors that influence agricultural entrepreneurial activities in North Benin. The study was carried out in the Borgou department, mainly in five communes that are beneficiaries of the Responsible Land Policy Project of GIZ (Promotion d’une Politique Foncière Responsible: ProPFR/GIZ). A multistage sampling procedure was used to select the agricultural entrepreneur respondents. A total of 102 agriculture entrepreneurs were interviewed in 25 villages. According to land law in Benin, the results highlight the different levels of land tenure security and land rights represented by types of land documents: type contract (use right), certificates of customary ownership (ADC), and land title. The research reveals that 44.3% of the land of agriculture entrepreneurs’ respondents possessed the certificates of customary ownership and 18% possessed the land title. The facilitation of access to legal land documents such as certificates of customary ownership and land titles can protect agricultural entrepreneurship for sustainable food production.
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Jiang, Meishan, Krishna P. Paudel, Donghui Peng, and Yunsheng Mi. "Financial inclusion, land title and credit: evidence from China." China Agricultural Economic Review 12, no. 2 (January 7, 2020): 257–73. http://dx.doi.org/10.1108/caer-01-2019-0020.
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Purpose The purpose of this paper is to study land title’s credit effect from a financial inclusion perspective in China. The focus is both small land holding and poor farmers. Formal and informal finances are considered to test their differences in land title’s credit effect. Design/methodology/approach The authors use augmented inverse-probability weights of the doubly robust method to test the effect of land titling on the rural credit market by addressing self-selection, endogeneity and heterogeneity concerns. Findings Results show that the poor, non-poor and small land holders with land titles are willing to borrow more from formal financial institutions. Land titling increases loan accessibility for non-poor and small land holding farmers. As for informal financing, large land holding and non-poor farmers show a decrease in informal lending. Land titling has a financial inclusion effect for some farmers, but poor farmers’ credit restrictions are not entirely solved by land titling. Originality/value This is the first study that focuses on the financial inclusion effect of farm land titling in China.
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Safitri, Meutia. "Efforts to Realize Legal Certainty of Land Ownership in Lampung through Blocking of Land Certificate." Administrative and Environmental Law Review 1, no. 2 (December 23, 2020): 91. http://dx.doi.org/10.25041/aelr.v1i2.2147.
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Article 19 of the UUPA states that land registration is carried out as a way to guarantee legal certainty of land rights. The Land Office will issue a certificate of land rights for rights holders. Therefore, the right holder is obliged to register at the local Land Office if there is a transfer or assignment of rights. This study aims to determine: 1) the legal status of the blocked land certificate, and 2) the legal certainty of the land title certificate when the registration of the block has passed 30 days or there has been a court decision regarding the block. This study uses a normative juridical research method. The approach to the problem used is a statutory approach and a conceptual approach. The data analysis used is qualitative in the form of descriptive analytical. The data source used is in the form of secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research results show that: 1) the legal status of the blocked land title certificate is that transitional legal actions and land rights are imposed. 2) The legal certainty of a land title certificate when the registration of the block has passed 30 days is the restoration of the legal status of the land title certificate holder.
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Cleary, Paul. "Native title contestation in Western Australia's Pilbara region." International Journal for Crime, Justice and Social Democracy 3, no. 3 (December 1, 2014): 132–48. http://dx.doi.org/10.5204/ijcjsd.v3i3.182.
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The rights afforded to Indigenous Australians under the Native Title Act 1993 (NTA) are very limited and allow for undue coercion by corporate interests, contrary to the claims of many prominent authors in this field. Unlike the Commonwealth’s first land rights law, Aboriginal Lands Rights (Northern Territory) Act 1976 (ALRA) , the NTA does not offer a right of veto to Aboriginal parties; instead, they have a right to negotiate with developers, which has in practice meant very little leverage in negotiations for native title parties. And unlike ALRA, developers can deal with any Indigenous corporation, rather than land councils. These two factors have encouraged opportunistic conduct by some developers and led to vexatious litigation designed to break the resistance of native title parties, as demonstrated by the experience of Aboriginal corporations in the iron ore-rich Pilbara region of Western Australia.
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Nweke, Innocent Ogbonna. "Ozo title institution in Igbo land in relation to politics in Nigeria: A comparative analysis." OGIRISI: a New Journal of African Studies 15, no. 1 (October 15, 2020): 96–108. http://dx.doi.org/10.4314/og.v15i1.6s.
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Politics, they said is a dirty game. One tends to disagree with this assertion because man is a political being and everything man does is all about politics. It depends on the intention, and how each plays his or her own. Ozo title is one of the political institutions in Igbo land. It will be worthy to mention that the Ozo title meant in this paper is the primordial or original Ozo title in Igbo land and not the adulterated Ozo title today. It is one of the institutions that helps in governance, controls different sectors of the Igbo man’s life and equally checkmates the excesses in the land. This work tries to look at the politics in the Nigerian setting and that of the Igbo land as being championed by Ozo title men. It x-rays their day-to-day activities and compares them. The work equally will be able to evaluate the two. During the evaluation, it was discovered that politics is not dirty, it was also discovered that since the Ozo title men play this politics and play it very well, it now boils down on the makeup of the individual and the intentions of the people in it. It however suggests that the Nigerian leaders or politicians should look at the Ozo title institution and what it is for the Igbo man and borrow a leaf from them. The paper uses socio-cultural approach in the work. The paper finally warns that the Ozo title as used in this study is the primodial one and not the adulterated one. Thus, if the politicians in Nigerian today borrow from the Ozo title men in Igbo land, politics in Nigeria will be a better and an interesting one.
Key words: Ozo title, Igbo land, Leadership, Politics, Nigeria
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Indrati Rini. "Functions of the Deed of Sale and Purchase in the Issuance of a Certificate of Title to Land." East Asian Journal of Multidisciplinary Research 2, no. 1 (January 31, 2023): 223–30. http://dx.doi.org/10.55927/eajmr.v2i1.2704.
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Buying and selling land is one type of agreement that is often carried out by community members. The deed of land sale and purchase agreement, including the building / house located on it must be carried out by the parties in the presence of an authorized official, namely a Notary / Land Deed Making Officer. To ensure legal certainty of the transfer of property rights to land, it is stated in the form of an authentic deed, for the validity of ownership of the land, it is necessary to prove the existence of a title certificate. The validity of the land sale and purchase deed affects the issuance of a title certificate made by the National Land Agency. In practice, there are often cases related to land sale and purchase deeds as the basis for issuing a title certificate.
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Munshifwa, Ephraim Kabunda, Wilson Ngoma, and Ikugile Makenja. "Major Determinant of Physical Development on Urban Residential Land: The Case of Kalulushi Municipality in Zambia." International Journal of Social Science Studies 5, no. 6 (May 22, 2017): 79. http://dx.doi.org/10.11114/ijsss.v5i6.2434.
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The debate on "property" as opposed to "possession" has grown in institutional economics literature. In the real estate development context this can be extended to examining the question on what the major determinant of commencement of physical development (or 'house starts') is between 'property' and 'possession' in the minds of residential allotees on urban land. For land acquired through extra-legal mechanisms, economists, such as Hermandode Soto, have argued that lack of title impedes physical development in urban areas. What about on land acquired through legal means? This study examined this question by conceptualising land grants through the public land allocation system as having two distinct parts, possession, that is grants still at offer letter stage and property, constituting grants where legal title in the form of certificates of title have been registered. The observation in Zambia is that physical development commences with or without certificates of title, that is, mostly at possession stage. This study finds that contrary to conventional literature, titling is not the immediate concern for most allotees on public land. The first concern is development of the plot then followed by title. A number of reasons account for this and are explained in this paper. Thus the study hypothesised that although in the long run legal title is essential, possession is more important for the commencement of physical development in most developing countries such as Zambia.
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Juwono, Harto. "ANTARA BEZITSRECHT DAN EIGENDOMRECHT: Kajian Tentang Hak Atas Tanah Oleh Penduduk." Jurnal Hukum dan Peradilan 2, no. 1 (March 29, 2013): 131. http://dx.doi.org/10.25216/jhp.2.1.2013.131-150.
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Nowadays, land ownership's issues become complicated and often result in conflict to nation, either individually or groups (mass). Lack of clarity of the status of the land requires a historical approach to the study of the legal regulation of land that changed following regime, which resulted in changes to the rights and status of land ownership. Results of this study concluded that the problems came out from an incomprehensive notice from the regulator/government, in order to clarify which regime used by now. Most of the people are sticking with the understanding of property rights (bezitzrecht) or tenure (beschikkingsrecht) of land, which is different from the concept of land title rights (eigendom). Therefore, the Government is expected to socialize the concept of land title rights (eigendom) and other present land rights so the conflicts will decrease or subside. Keyword: property rights (bezitzrecht), land title rights (eigendom), regulation history
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Usher, Peter J., Frank J. Tough, and Robert M. Galois. "Reclaiming the land: aboriginal title, treaty rights and land claims in Canada." Applied Geography 12, no. 2 (April 1992): 109–32. http://dx.doi.org/10.1016/0143-6228(92)90002-5.
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Hunt, M. W. "NATIVE TITLE AND ABORIGINAL HERITAGE ISSUES AFFECTING OIL AND GAS EXPLORATION AND PRODUCTION." APPEA Journal 41, no. 2 (2001): 115. http://dx.doi.org/10.1071/aj00061.
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This paper is principally concerned with native title issues as they affect oil and gas exploration and production. However, it also reviews Aboriginal heritage laws and practices because they have the potential to be just as disruptive to an expeditious exploration program or to the construction of a production facility as do native title claims.The paper focusses on onshore petroleum exploration and production because the right to negotiate under the Native Title Act (NTA) does not apply offshore. However, the paper does consider offshore because the NTA can still affect offshore petroleum explorers and producers; either because their area of interest could include an island within a State or Territory jurisdiction or because the facilities to treat the offshore oil and gas could be located onshore.The paper examines the key provisions of the NTA which are relevant to petroleum explorers and producers, principally the subject of tenure to ground. It considers the validity of already granted titles. It then examines the process of application for new titles.Although the NTA is the common source of problems throughout Australia, it is necessary for the paper to consider the situation in each State and Territory, since the titles are different and the government processes of dealing with native title issues differs in each jurisdiction.Although the focus of the paper is on how to cope with the right to negotiate, the paper considers some of the categories of future acts in respect of which the right to negotiate does not apply (specifically, procedures for infrastructure titles, renewals and extensions of titles, the expedited procedure, indigenous land use agreements, reserve land and approved exploration etc acts).The paper mentions the Federal Court decisions in the Miriuwung Gajerrong and Croker Island native title claims and ponders the options for the High Court in deciding the recent appeals.The paper’s conclusion is that a negotiated agreement is the only way to cope with native title issues. The contents of such an agreement are considered.
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Pchelov, Evgeniy V. "Sources on the Title Heraldry of the Tsardom of Muscovy of the 16th – the First Half of the 17th Century." Herald of an archivist, no. 4 (2018): 971–83. http://dx.doi.org/10.28995/2073-0101-2018-4-971-983.
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The article is devoted to the analysis of sources containing information on the land heraldry of the Tsardom of Moscovy, which reflected territorial title of the Russian rulers. The historiography usually mentions 5–6 artefacts and pictorial sources with images of such coats of arms. In fact, the complex of these sources can be significantly expanded. The author has managed to collect information about ten artefacts, two visual and four written sources, which allow to follow the evolution of the title heraldry in pre-Petrine Russia starting from the 16th century. Furthermore, two seals descriptions containing information about land coats of arms remain unpublished. The analysis of sources leads to the following conclusions. The beginning of the Russian title heraldry dates back to the reign of Ivan the Terrible. It was probably connected with refining of his territorial titles after the Livonian War. The Great Seal of Ivan the Terrible (late 1570s) has a set of title seals with images, most of them quite simple. These emblems reflect mainly natural or economic features of specific lands. Some emblems are purely symbolic, some borrow directly from Western European heraldry. These title emblems (called seals prior to the 18th century) continued up to the Romanovs’ reign. For instance, the front of the seal of Ivan the Terrible became a source for title emblems reproduced on the armor of Pseudo-Demetrius I, which was made by Western European masters. They probably took their cue from an imprint of the front side of the seal sent with the order. Emblems from the reverse side of the seal were not reproduced on the armor. Under Mikhail Fyodorovich (apparently, in late 1620s) the complex of title emblems underwent its first significant transformation. Some emblems continued to the end of the 16th century, some were formed anew. The new system of title emblems translated into a description of seals made after the Moscow fire of 1626. This document is also yet unpublished. The reform of the title seals may have been associated with making of a new complex of royal regalia in late 1620s. The new seals appeared in the composition of the cover for tsar’s saadak (quiver), which, apparently, was made at the same time.
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Geissler, Marie. "Contemporary Indigenous Australian Art and Native Title Land Claim." Arts 10, no. 2 (May 11, 2021): 32. http://dx.doi.org/10.3390/arts10020032.
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This paper investigates a select number of examples in which largely non-literate First Nation peoples of Australia, like some First Nations peoples around the world, when faced with a judicial challenge to present evidence in court to support their land title claim, have drawn on their cultural materials as supporting evidence. Specifically, the text highlights the effective agency of indigenous visual expression as a communication tool within the Australian legal system. Further, it evaluates this history within an indigenous Australian art context, instancing where of visual art, including drawings and paintings, has been successfully used to support the main evidence in native title land claims. The focus is on three case studies, each differentiated by its distinct medium, commonly used in indigenous contemporary art—namely, ink/watercolours on paper, (Case study 1—the Mabo drawings of 1992), acrylics on canvas (Case study 2—the Ngurrara 11 canvas 1997) and ochre on bark, (Case study 3—The Saltwater Bark Collection 1997 (onwards)). The differentiation in the stylistic character of these visual presentations is evaluated within the context of being either a non-indigenous tradition (e.g., represented as European-like diagrams or sketches to detail areas and boundaries of the claim sites in question) or by an indigenous expressive context (e.g., the evidence of the claim is presented using traditionally inspired indigenous symbols relating to the claimant’s lands. These latter images are adaptations of the secret sacred symbols used in ceremonies and painting, but expressed in a form that complies with traditional protocols protecting secret, sacred knowledge). The following text details how such visual presentations in the aforementioned cases were used and accepted as legitimate legal instruments, on which Australian courts based their legal determinations of the native land title.
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Reid, Leya. "Native Title, land rights and Aboriginal self-determination." NEW: Emerging scholars in Australian Indigenous Studies 4, no. 1 (March 15, 2019): 8–13. http://dx.doi.org/10.5130/nesais.v4i1.1537.
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Gyau Baffour Awuah, Kwasi, Felix Nikoi Hammond, and Jessica Elizabeth Lamond. "The cost of land title formalisation in Ghana." Property Management 31, no. 5 (October 21, 2013): 389–403. http://dx.doi.org/10.1108/pm-01-2013-0004.
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Cooke, Elizabeth. "Adverse possession – problems of title in registered land." Legal Studies 14, no. 1 (March 1994): 1–14. http://dx.doi.org/10.1111/j.1748-121x.1994.tb00562.x.
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It has been said that ‘the law of limitation is a subject which peculiarly involves an enquiry into first principles.’ That is particularly true in registered land. Section 75 of the Land Registration Act 1925 grafted into registered land a concept inimical to it, namely the possibility of defeat by adverse possession of a flawless documentary title. That endeavour has on the whole been successful; but there remain problems, concerning such fundamental concepts as trusts, the nature of legal estates after 1925, and ‘title absolute.’ This article seeks to explore those problems; at the same time, the opportunity will be taken to look again at the decision in Spectrum Investment Co v Holmes and to suggest that it need no longer be regarded as a major source of difficulty.
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Hansen, Lars Ivar. "Sami title to land in Southern Troms, Norway." Acta Borealia 2, no. 1-2 (January 1985): 9–28. http://dx.doi.org/10.1080/08003838508580318.
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Ning-ning, Sui, and Zhang Shan-shan. "Practical Database Design Based on Land Title Investigation." Procedia Engineering 21 (2011): 325–32. http://dx.doi.org/10.1016/j.proeng.2011.11.2022.
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Miceli, Thomas J., and C. F. Sirmans. "The economics of land transfer and title insurance." Journal of Real Estate Finance and Economics 10, no. 1 (January 1995): 81–88. http://dx.doi.org/10.1007/bf01099613.
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Wulandari, Suhani. "Indicators Of Land Rights Certificate Cancellation Caused By Overlapping Rights As Administration Failure." Administrative and Environmental Law Review 1, no. 2 (December 23, 2020): 113. http://dx.doi.org/10.25041/aelr.v1i2.2149.
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Land registration which aims to provide legal certainty for the ownership of a person's land parcel, which is in the form of a certificate of land title, in the issuance of which there may be errors resulting in two certificates or overlapping so that one certificate can be ascertained that it contains administrative defects, in handling the dispute case settlement refers to the Regulation of the Minister of ATR/KaBPN Number 11 of 2016 article 24 paragraph (7).This study aims to determine, land title certificate can be said to be administratively flawed, Implementation of cancellation of land title certificate due to administrative defect errors at the Regional Office of BPN Lampung Province and the Land Office. This research uses empirical normative juridical research method. The research approach uses a statutory, analytical and participatory approach. Data analysis uses primary and secondary data to draw conclusions using inductive logic. The results show that in order to resolve dispute cases with an overlapping typology of land title certificates, it is necessary to cancel one of the certificates issued in the latest year, because it can be ascertained that it contains errors in its issuance so that it becomes an administrative defect. And tthe cancellation of the certificate of land title is carried out on the basis of a public complaint or BPN initiative, with a request submitted by the Land Office, the Land Office carries out data collection activities, analysis accompanied by Case Handling Progress Report to be submitted to the Regional Office, at the Regional Office Assessment, Field Research, Exposure, Case Settlement Reports and the issuance of a Decree on the Cancellation are then submitted to the Land Office for announcement and deletion in the Land Office data base.
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Menra, Melky Kurniawan, Kurnia Warman, and Rembrandt Rembrandt. "Storage Certificate of Land Rights by the Saddled Mortgage Bank Loan for Redemption Legal Certainty in Padang." International Journal of Multicultural and Multireligious Understanding 7, no. 11 (January 2, 2021): 505. http://dx.doi.org/10.18415/ijmmu.v7i11.2199.
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The current global economic development makes people who have businesses need a lot of capital to achieve profits, this encourages people to borrow money from banks by providing collateral. The guarantee is in the form of a certificate of land title, and the bank will charge a mortgage for the certificate of land title, and the bank will keep the certificate of land title that has been encumbered with the mortgage until the customer's credit is paid off. The bank keeps the certificate of land rights in order to overcome the urgency that will occur if the customer defaults, and the bank will be faster in executing the collateral execution process, therefore the bank keeps the certificate of land title. The bank is also fully responsible for the storage of the land certificate, if the land certificate is lost by the bank, the bank will be responsible for managing the issuance of a new certificate, which in the process must obtain approval from the right holder whose name is recorded in the land book, as well as the parties the bank is responsible for costs incurred in the process of processing the issuance of the new certificate. In accordance with applicable regulations and with interviews that have been conducted with the bank and also the customer. The bank is very careful in settling customer credit and also in the process of storing land title certificates, and the bank has also anticipated default by customers by keeping land certificates as a form of urgency for the bank in settling customer credit, and also the bank is fully responsible for keep the land certificate in the event that the land certificate is lost, the bank is responsible for arranging the issuance of the new certificate.
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Bankes, Nigel. "Land Claim Agreements in Arctic Canada in Light of International Human Rights Norms." Yearbook of Polar Law Online 1, no. 1 (2009): 175–231. http://dx.doi.org/10.1163/22116427-91000012.
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Abstract This article examines land claim agreements in Arctic Canada in light of international human rights norms, in particular the ICCPR, the CERD Convention, ILO 169 and the Inter-American human rights instruments and practice. The paper concludes that some of the provisions of land claim agreements are inconsistent with these norms. The paper also argues that land claim agreements should be based on the legal duty to recognise, delimit and title traditional occupation lands.
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Boast, Richard P. "Sir John Salmond and Maori Land Tenure." Victoria University of Wellington Law Review 38, no. 4 (July 9, 2019): 831. http://dx.doi.org/10.26686/vuwlr.v38i4.5539.
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This chapter is deals with Salmond's engagement with Maori land issues, principally in his capacity as counsel to the Law Drafting Office and while Solicitor-General. Salmond appears to have had firm views on the extent of Native title in New Zealand, arguing either that all land vested in dominium in the Crown on the acquisition of British sovereignty, or, as a kind of fall-back position, that there were at least some parts of the Dominion, such as navigable lakes or the foreshore, where native title could not be asserted in any circumstances, not even in the Native Land Court. While it is tempting to conclude that Salmond's views were nothing more than the orthodoxy of the day, this paper argues that matters were more contested than is sometimes thought. Salmond developed considerable expertise in the technicalities of Maori land law, an expertise developed initially in the drafting of the Native Lands Bill of 1909 and which is reflected in various opinions he prepared while Solicitor-General and in his famous dissenting judgment in Boyd v Mayor of Wellington.
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Young, D., and G. Scott. "WARD AND WILSON V ANDERSON—EVOLUTION OR REVOLUTION IN NATIVE TITLE LAW?" APPEA Journal 43, no. 1 (2003): 729. http://dx.doi.org/10.1071/aj02043.
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There is now a greater degree of certainty for the petroleum industry in Native Title law following the High Court’s decisions in Ward v Western Australia1 and Wilson v Anderson2. Both decisions were handed down on 8 August 2002. Ward in particular is the most significant Native Title decision in Australia since the High Court’s decision in Wik v Queensland3 in 1996. This paper presents an analysis of the issues dealt with in Ward and Wilson v Anderson with particular emphasis on the application for petroleum. The paper will also illustrate that while greater certainty flows from these decisions, it is still necessary for petroleum and resource companies to engage with Native Title groups (particularly by negotiating agreements) to enable the valid grant of titles and tenements to land subject to Native Title.