Radical title is a concept in English
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
that refers to
the Crown
The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
's underlying
title
A title is one or more words used before or after a person's name, in certain contexts. It may signify their generation, official position, military rank, professional or academic qualification, or nobility. In some languages, titles may be ins ...
to all land held in
overseas plantations and colonies.
It grants the Crown the power to
alienate others from land and to transfer beneficial ownership of the land to itself or others, but by itself does not grant
beneficial ownership.
Australia
While not the first time radical title was mentioned, the concept came to prominence in
Australian law in the case of ''
Mabo v Queensland (No 2)'', which recognised the existence of
native title under Australian law. Radical title was used to explain how native title rights could co-exist with the doctrine of
tenure
Tenure is a type of academic appointment that protects its holder from being fired or laid off except for cause, or under extraordinary circumstances such as financial exigency or program discontinuation. Academic tenure originated in the United ...
, under which all rights to land ultimately derive from grants from the Crown and are not absolute. The court declared that on acquisition of
sovereignty
Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate au ...
by the British in 1788, the Crown did not acquire beneficial ownership over all the land the country but a mere radical title to it.
[.] This radical title did not extinguish native title, allowing the court to recognise it at the time of the judgment while also recognising the doctrine of tenure. All land grants subsequently made by the Crown were subject to tenure, but native title rights, having existed before acquisition of sovereignty, were not.
See also
*
Allodial title
Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense ...
References
{{Reflist
Land tenure