Podcast
Questions and Answers
Under common law, how has the concept of land ownership evolved from its original interpretation?
Under common law, how has the concept of land ownership evolved from its original interpretation?
- Modern legislation has broadened the scope of land ownership to include mineral rights.
- Common law now grants landowners absolute control over airspace above their property.
- Ownership now extends infinitely in all directions, both above and below the surface.
- The original concept of unlimited ownership has been restricted by modern legislation. (correct)
In the context of the Benston case, what principle did the court establish regarding airspace rights of a landowner?
In the context of the Benston case, what principle did the court establish regarding airspace rights of a landowner?
- Landowners have unlimited rights to the airspace above their property.
- Aerial photography always constitutes a violation of a landowner's privacy.
- Landowners only possess rights to airspace necessary for the ordinary use and enjoyment of their land. (correct)
- Any intrusion into the airspace above a property constitutes trespass.
What constitutes trespassing under the law?
What constitutes trespassing under the law?
- Merely observing a property from a public space.
- Taking photographs from an airplane over private property.
- Entering a property with the owner's explicit consent.
- Entering a property without the owner's consent. (correct)
What is the defining characteristic of customary land ownership?
What is the defining characteristic of customary land ownership?
What is meant by land alienation in the context of property law?
What is meant by land alienation in the context of property law?
In addition to discussing land in customer law and land alienation, what other topic is scheduled to be covered?
In addition to discussing land in customer law and land alienation, what other topic is scheduled to be covered?
What did the state laws regarding vesting ownership of minerals and petroleum establish?
What did the state laws regarding vesting ownership of minerals and petroleum establish?
How did the individual in the provided scenario claim to be a customary landowner?
How did the individual in the provided scenario claim to be a customary landowner?
What is the typical duration of a land lease granted by the state?
What is the typical duration of a land lease granted by the state?
When a 99-year lease expires, what typically happens, according to customary landowners?
When a 99-year lease expires, what typically happens, according to customary landowners?
Who does the land belong to according to state law?
Who does the land belong to according to state law?
In judicial review proceedings, why was the Governor General traditionally not named as a party?
In judicial review proceedings, why was the Governor General traditionally not named as a party?
What action does the NHC (National Housing Corporation) typically undertake to develop land?
What action does the NHC (National Housing Corporation) typically undertake to develop land?
What key change was established in the David William versus the state case regarding claims against the state?
What key change was established in the David William versus the state case regarding claims against the state?
What problem arises when customary landowners move back onto land after a lease expires?
What problem arises when customary landowners move back onto land after a lease expires?
Why is the Siu versus Wassimi case considered important in the context of customary land?
Why is the Siu versus Wassimi case considered important in the context of customary land?
What is the purpose of subdividing land into lots and sections after it has been converted by the NHC?
What is the purpose of subdividing land into lots and sections after it has been converted by the NHC?
What prompted customary landowners to reclaim land after the expiration of 99-year leases?
What prompted customary landowners to reclaim land after the expiration of 99-year leases?
Which court has the initial jurisdiction to handle disputes related to customary land?
Which court has the initial jurisdiction to handle disputes related to customary land?
If a party is not satisfied with the decision of the Local Land Court, where can they appeal?
If a party is not satisfied with the decision of the Local Land Court, where can they appeal?
How can the conflicting claims between state leases and customary land titles be resolved?
How can the conflicting claims between state leases and customary land titles be resolved?
According to the Supreme Court case, what constitutes an 'interest in land'?
According to the Supreme Court case, what constitutes an 'interest in land'?
In the context of customary land, what does 'interest in customary land' encompass according to the Supreme Court?
In the context of customary land, what does 'interest in customary land' encompass according to the Supreme Court?
What kind of interests are typically associated with the ownership of customary land?
What kind of interests are typically associated with the ownership of customary land?
In a well-functioning land management system, what should occur as a lease approaches its expiration date?
In a well-functioning land management system, what should occur as a lease approaches its expiration date?
According to the discussion, what is a significant problem in PNG's land management system regarding lease expirations?
According to the discussion, what is a significant problem in PNG's land management system regarding lease expirations?
What argument do some landowners use to claim ownership of minerals and petroleum beneath their land, drawing from the High Court of Australia's precedents?
What argument do some landowners use to claim ownership of minerals and petroleum beneath their land, drawing from the High Court of Australia's precedents?
What potential outcome of lease expiration poses a challenge for missions in PNG?
What potential outcome of lease expiration poses a challenge for missions in PNG?
What is suggested as a necessary area for improvement in PNG's land management system?
What is suggested as a necessary area for improvement in PNG's land management system?
What was former Chief Justice Salamo Aumadu-Quality's perspective regarding the ownership of minerals and petroleum?
What was former Chief Justice Salamo Aumadu-Quality's perspective regarding the ownership of minerals and petroleum?
What is the central idea behind the Mabo case in relation to customary landowners?
What is the central idea behind the Mabo case in relation to customary landowners?
What specific action is expected of students following the lecture?
What specific action is expected of students following the lecture?
What concept does the speaker find legally unsupported regarding land titles?
What concept does the speaker find legally unsupported regarding land titles?
How is land ownership typically transferred in some petroleum societies, as described in the content?
How is land ownership typically transferred in some petroleum societies, as described in the content?
What percentage range does the content suggest for the amount of state-owned land, acknowledging an increase over time from initial estimates?
What percentage range does the content suggest for the amount of state-owned land, acknowledging an increase over time from initial estimates?
In the context of lease renewals, what is implied about the current practices in PNG?
In the context of lease renewals, what is implied about the current practices in PNG?
Why is the issue of land lease expiration considered a significant problem?
Why is the issue of land lease expiration considered a significant problem?
What is the general thesis that many development donors and agencies are putting forward regarding customary lands and national development?
What is the general thesis that many development donors and agencies are putting forward regarding customary lands and national development?
What was the purpose of the Land Groups Incorporated Act, in the context of customary land utilization?
What was the purpose of the Land Groups Incorporated Act, in the context of customary land utilization?
What trend is observed regarding customary land near the 'motor point'?
What trend is observed regarding customary land near the 'motor point'?
Why is converting customary land into state land important for actors and companies?
Why is converting customary land into state land important for actors and companies?
What is a key reason lawyers advise companies to acquire state leases or alienated land rather than customary land?
What is a key reason lawyers advise companies to acquire state leases or alienated land rather than customary land?
What is the primary advantage of having a high court case precedent that recognizes customary ownership?
What is the primary advantage of having a high court case precedent that recognizes customary ownership?
In the context of South Africa's history, what was a key outcome of the European colonization regarding land ownership?
In the context of South Africa's history, what was a key outcome of the European colonization regarding land ownership?
Which statement accurately describes the difference between transacting with customary land versus state land?
Which statement accurately describes the difference between transacting with customary land versus state land?
What factors do lawyers consider during due diligence when advising companies on land acquisition, as discussed?
What factors do lawyers consider during due diligence when advising companies on land acquisition, as discussed?
What is the main goal of comparing customary ownership to historical instances like the South African experience?
What is the main goal of comparing customary ownership to historical instances like the South African experience?
A company is assessing potential land acquisitions. They have the option of acquiring either customary land ready to be converted or state-leased land. Considering long-term asset value and ease of use, which option presents the most strategic advantage, assuming conversion processes are complex and time-consuming?
A company is assessing potential land acquisitions. They have the option of acquiring either customary land ready to be converted or state-leased land. Considering long-term asset value and ease of use, which option presents the most strategic advantage, assuming conversion processes are complex and time-consuming?
Flashcards
Customary Land
Customary Land
Land owned by a group of indigenous citizens, not the state.
Traditional Land Ownership
Traditional Land Ownership
Before common law, land ownership extended infinitely upwards and downwards.
Limits of Common Law Ownership
Limits of Common Law Ownership
Modern laws that limit or restrict traditional common law land ownership rights.
State Ownership of Minerals
State Ownership of Minerals
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Trespassing
Trespassing
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Land Use Rights
Land Use Rights
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Land Alienation
Land Alienation
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Customary Law Definition of Land
Customary Law Definition of Land
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Landowner Mineral Rights
Landowner Mineral Rights
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People's Land Ownership
People's Land Ownership
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Mabo Case
Mabo Case
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Matrilineal Societies
Matrilineal Societies
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State Land
State Land
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Unlocking Customary Lands
Unlocking Customary Lands
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Bankable Land
Bankable Land
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Due Diligence (Land)
Due Diligence (Land)
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Legal Precedent Strategy
Legal Precedent Strategy
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South Africa's History (Land)
South Africa's History (Land)
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State Lease
State Lease
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NHC Land Acquisition
NHC Land Acquisition
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Land Lease
Land Lease
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State Land Leases
State Land Leases
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Lease Expiry & Land Reversion
Lease Expiry & Land Reversion
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Overlapping Land Titles
Overlapping Land Titles
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Land Lease Definition
Land Lease Definition
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Expired Church Leases
Expired Church Leases
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Customary Land Reclaim
Customary Land Reclaim
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David William vs. the State
David William vs. the State
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Siu vs. Wassimi Case
Siu vs. Wassimi Case
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Interest in Customary Land
Interest in Customary Land
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Local Land Court
Local Land Court
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Provincial Land Court
Provincial Land Court
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District Court
District Court
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Judicial Review Context
Judicial Review Context
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Local Land Court disputes
Local Land Court disputes
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Equitable Title (Proposed)
Equitable Title (Proposed)
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Lease Expiration
Lease Expiration
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Post-Expiration Land Status
Post-Expiration Land Status
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Ideal Renewal System
Ideal Renewal System
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Land Reversion Question
Land Reversion Question
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Lease Expiration Problem
Lease Expiration Problem
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Homework: State Lease After Expiry
Homework: State Lease After Expiry
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Nine Nine (99) Year Lease
Nine Nine (99) Year Lease
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Study Notes
Land Tenure Law
- Settlers lack legal title, causing issues in PNG due to prioritizing leniency over law compliance, leading to reactionary evictions.
- Strict adherence to the law is essential to prevent exploitation.
- The police stated that the eviction was pre planned
Customary Land
- The question is what are the opinions on the settlers at Baroni.
- Settlers are occupying land without a formal title.
- Customary land belongs to the state and is owned by automatic citizens before Common Law.
- Land cannot be ownerless, especially in Port Mozu.
- Advising strict adherence to the customary land.
High Court Case
- A weird court case involved a man near a freeway claiming to be the customary landowner.
- The judge questioned his origins and connection to the land.
- He claimed to have bought the land from a customary landowner.
- The judge queried how he became a customer to the land.
- The man stated he bought the land.
Benston Case
- Cases of Royal minerals being the property of the state have been looked at
- Laws are there for vesting ownership of minerals and petroleum with the state.
- The case involved a company taking pictures from a plane, leading to a trespass claim by Benston.
- Trespassing involves entering property without the owner's consent.
- The court held that there was no trespass.
- Landowners only have rights for the normal use and enjoyment of their land.
Eddie Mabo Case
- Land is being discussed, it is to be covered what land means in customer law
- It's a landmark decision concerning customary and common law.
- The case was brought to the High Court of Australia by a Torres Strait Islander,
- It was in response to the Europeans colonizing Australia.
- Europeans claimed "Terra Nullius" in colonized territories, asserting the land was vacant and ownerless.
- Eddie Mabo went to the High Court of Australia claiming that he owned the land.
- The court recognized the native title to the land and indigenous people owned the land.
- It is the leading case in common law jurisdictions.
- People argue on if landowners should own everything below the earth.
- Case precedents recognize people owning the land but with restrictions.
- Landowners should own the minerals and petroleum.
- Customary landowners own the land under Custom with strict adherence to the customary land.
PNG Land
- In Port Moresby there should be advise for strict adherence to the land, because it's either state land or customary land.
- State are limited land. Most of the literature say it's 3% but over time it is 75 to 70%
- Development agencies want to unlock customary lands for country development by registering them as alienated state land
- People and foreigners are trying to convert customary land into state land.
- Converting customary land into state land makes it bankable, allowing for monetization and use as equity but not bankable.
- Lawyers only advise to acquire state leases.
- Make sure that the land can be converted to something bankable
Additional Points
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Europeans in South Africa were able to smart enough to take ownership of lands that had large gold and diamond mines. They then privatized the mines and benefitted off them greatly.
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The Su versus case is wassimi case and it gives the parameters of what it means when talking about customer and interest in customer land.
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Disputes in customer land are to be taken to local land court.
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There is a risk with overstayed 99 year leases, and people should be giving equitable titles for it.
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Upon expiry of your registration, you are to renew.
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In PNG it does not happen that land will automatically renew, and there are problems with it.
Interests in Land
- Interests in land constitutes a;
- Property interest
- Proprietary interest
- Legal interest
- Equitable interest
- Includes any financial interest arising out of one's ownership of such customary land.
- The Supreme Court is saying that you are basically creating an interest in customer land that you can go a dispute with
Land Tenure
- The land Tenure convicition provides the process of alienation.
- Customary land must go through the land tenure conviction to get to state land, that will then becomes alienated land.
- When you see that the land belongs to the state, language belongs to the to the state before you can purchase it.
- It can be lent to state for 99 year.
- The NHC mandate to procure land, purchase land and convert the land to state land and they can be granted with the land there.
- The Land act establishes a land board which have instruments with the power to lay out applications for state leases.
- Can be done through the legal side of state
Cases
- If cases aren't read then it's just theoretical, but is important practically. It's important to use the cases to talk about the idea of a position.
- A lot of the times judge will ask what is the word, and if you have read the case or not.
- Law in the court room is always evolving, so it's important to stay abreast.
- Read cases in page 9 of the synopsis
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Description
Explore the evolution of land ownership under common law and the legal principles established in the Benston case regarding airspace rights. Understand land alienation, trespass, and customary land ownership. Also, examine state laws on mineral and petroleum ownership.
