Radical Title Essay PDF

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Explain the concept of radical title including why and when it was introduced into England and how it has been applied and introduced into NZ today. Introduction: what is radical title Radical title is the notion that the Sovereign, being the Head of State, is the ultimate owner of all land in that jurisdiction, and that any other ‘owners’ of the land, hold a lessor title. 1: Introduction into England - Prior to 1066 social hierarchy did not have King at the top but rather the King at the same level of barons - 1066 Norman Conquest – William the Conqueror establishes feudalism. - Domesday Book – to ascertained the land owned in England - Introduces radical title – King owns all land, he’s now above the barons, who possess land from him in exchange for taxation, allegiance and military support 2. Introduction into Aotearoa NZ - Treaty of Waitangi – Ti Tiriti o Waitangi – two versions both recognise Māori retain ‘full and undisturbed possession’ of NZ land and maritime resources – sovereign has exclusive right to purchase off Māori - Small description of Māori community-based approach to land – spiritual connection and lack of individual ownership - Therefore, radical title didn’t originally exist in NZ prior to and after 1840 3. Radical title’s introduction - Wi Parata case – decision built on years of European irritation at lack of selling of land by Māori – simple nullity – later reversed by Ngati Apa decision but not relevant to radical title’s adoption - Following this, Crown has ownership of the land and waters – radical title now exists in NZ - However, some land not subject to radical title, e.g. Orakei which is a legal person under Ngai Tahu Claims Settlement Act, so as to protect it from exploitation. Reflects spiritual Māori connection to the land and attempts to recognise ToW and past injustices to Māori through land confiscation - In NZ, government essential owner of all land – we pay rates as owners of a lesser title – can be confiscated at any point, i.e. to build new roads, and government will pay supposed market price Small conclusion reiterating essay points....