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Aboriginal title is also referred to as indigenous title, native title (in Australia), original Indian title (in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights , influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to ...
The United States was the first jurisdiction to acknowledge the common law doctrine of aboriginal title (also known as "original Indian title" or "Indian right of occupancy"). Native American tribes and nations establish aboriginal title by actual, continuous, and exclusive use and occupancy for a "long time."
In Canada, aboriginal title is considered a sui generis interest in land. Aboriginal title has been described this way in order to distinguish it from other proprietary interests, but also due to the fact its characteristics cannot be explained by reference either to only the common law rules of real property, or to only the rules of property found in Indigenous legal systems.
Sims' Lessee v. Irvine (1799) was the first Supreme Court decision to discuss aboriginal title (albeit briefly), and the only such decision before the Marshall Court. The Court found ejectment jurisdiction over certain lands, notwithstanding the defendant's claim (in the alternative to the claim that the defendant himself held title) that the lands were still held in aboriginal title because:
I. Illinois-Wabash Company; Indian barrier state; Indian Claims Commission; Indian Claims Limitations Act; Indian country jurisdiction; Indian Land Cessions in the United States
Ely S. Parker, the first indigenous plaintiff to prevail in the U.S. Supreme Court. The two aboriginal title cases involving indigenous litigants to reach the Taney Court both involved the Tonawanda Band of Seneca Indians and the Tonawanda Reservation, both argued by John H. Martindale (first as the district attorney of Genesee County, New York, then in private practice), and both originated ...
Aboriginal land title in New Mexico is unique among aboriginal title in the United States. Congressional legislation was passed to define such title after the United States acquired this territory following war with Mexico (1846–1848) .
National Native Title Tribunal definition: [3] [Native title is] the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which is recognised under Australian law (s 223 NTA).