Aboriginal title

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Aboriginal title is a common law property interest in land. It has been recognised in Canada, Australia, the United States, and increasingly in other common law countries as well, such as Malaysia and Nigeria[citation needed].

The requirements for establishing an aboriginal title to the land vary across countries, but generally speaking, the aboriginal claimant must establish (exclusive) aboriginal occupation from a long time ago, e.g. before the assertion of sovereignty, and continuity to the present day.

Aboriginal title can be extinguished by the Crown, but again, the requirement to do this varies by country. Some require the legislature to be explicit when it does this, others hold that extinguishment can be inferred from the government's treatment of the land.

The leading case for aboriginal title in Canada is Delgamuukw v. British Columbia. The foundational case for aboriginal title in Australia is Mabo (no. 2).

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