Alienation (property law) in the context of "Subinfeudation"

Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty to that land by another colonising state. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively.

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 indigenous peoples. While the judge-made doctrine arises from customary international law, it has been codified nationally by legislation, treaties, and constitutions.

Radical title is a concept in English common law that refers to the Crown's underlying title 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.

Johnson v. McIntosh, 21 U.S. (8 Wheat.) 543 (1823), also written M‘Intosh, is a landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans. As the facts were recited by Chief Justice John Marshall, the successor in interest to a private purchase from the Piankeshaw attempted to maintain an action of ejectment against the holder of a federal land patent.

The case is one of the most influential and well-known decisions of the Marshall Court, a fixture of the first-year curriculum in nearly all U.S. law schools. Marshall's opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related doctrine of discovery. However, the vast majority of the opinion is dicta; as valid title is a basic element of the cause of action for ejectment, the holding does not extend to the validity of McIntosh's title, much less the property rights of the Piankeshaw. Thus, all that the opinion holds with respect to aboriginal title is that it is inalienable, a principle that remains well-established law in nearly all common law jurisdictions.

Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important intersection of property and contract law. Encumbrance on the land rights of one, such as an easement, may constitute the land rights of another. Mineral rights and water rights are closely linked, and often interrelated concepts.

Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the claim clubs of the American West were institutions that arose organically to enforce the system of rules appurtenant to mining. Squatting, the occupation of land without ownership, is a globally ubiquitous phenomenon.Indigenous land rights is also a perennial related issue.

The Māori King movement, called the Kīngitanga in Māori, is a Māori movement that arose among some of the Māori iwi (tribes) of New Zealand in the central North Island in the 1850s, to establish a role similar in status to that of the monarchy of the United Kingdom as a way of halting the alienation of Māori land. The first Māori king, Pōtatau Te Wherowhero, was crowned in 1858. The monarchy is non-hereditary in principle, although every monarch since Pōtatau Te Wherowhero has been a child of the previous monarch. The eighth monarch is Nga wai hono i te po, who was elected and crowned in September 2024.

The Māori monarch operates in a non-constitutional capacity outside the New Zealand government, without explicit legal or judicial power. Reigning monarchs retain the position of paramount chief of several iwi, and wield some power over these, especially within Tainui. The influence of the Māori monarch is widespread in Māoridom despite the movement not being adhered to by several major iwi, notably Tūhoe, Ngāti Porou, and the largest of all, Ngāpuhi. The headquarters for the King movement is Tūrangawaewae Marae in the town of Ngāruawāhia.

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." Individuals may also establish aboriginal title, if their ancestors held title as individuals. Unlike other jurisdictions, the content of aboriginal title is not limited to historical or traditional land uses. Aboriginal title may not be alienated, except to the federal government or with the approval of Congress. Aboriginal title is distinct from the lands Native Americans own in fee simple and occupy under federal trust.

The power of Congress to extinguish aboriginal title—by "purchase or conquest," or with a clear statement—is plenary and exclusive. Such extinguishment is not compensable under the Fifth Amendment, although various statutes provide for compensation. Unextinguished aboriginal title provides a federal common law cause of action for ejectment or trespass, for which there is federal subject-matter jurisdiction. Many potentially meritorious tribal lawsuits have been settled by Congressional legislation providing for the extinguishment of aboriginal title as well as monetary compensation or the approval of gaming and gambling enterprises.

A waqf (Arabic: وَقْف; [ˈwɑqf], plural awqāf أَوْقَاف), also called a ḥabs (حَبْس, plural ḥubūs حُبوس or aḥbās أَحْباس), or mortmain property, is an inalienable charitable endowment under Islamic law. It typically involves donating a building, plot of land or other assets for Muslim religious or charitable purposes with no intention of reclaiming the assets. A charitable trust may hold the donated assets. The person making such donation is known as a waqif ('donor') who uses a mutawalli ('trustee') to manage the property in exchange for a share of the revenues it generates. A waqf allows the state to provide social services in accordance with Islamic law while contributing to the preservation of cultural and historical sites. Although the waqf system depended on several hadiths and presented elements similar to practices from pre-Islamic cultures, it seems that the specific full-fledged Islamic legal form of endowment called waqf dates from the 9th century CE (see § History and location below).