Land use and ownership

Land tenure refers to the relationship between people and land, specifically the rights and responsibilities that people have in relation to land.

It includes the various ways that land can be owned, managed, and transferred, such as leases, permits, and customary rights.

Land tenure systems vary widely around the world, with different legal frameworks, cultural norms, and historical factors shaping the ways that land is owned and managed in different places.

Below are types of land tenure that exist in the Northern Territory (NT). It affects the process for granting a title.

Most land in the NT, outside of townships, is either Aboriginal freehold or pastoral leasehold land over which native title rights can exist.

Freehold land

Freehold land, sometimes referred to as a grant in fee simple or estate in fee simple, means the government has passed all interest in the land, other than resources, onto the owner.

An example of freehold land is the average house block in a city or town.

Freehold land is not affected by native title.

Aboriginal freehold land

Aboriginal freehold land came into being in 1976 when the Aboriginal Land Rights (NT) Act (ALRA) was passed, converting former Aboriginal reserves into permanent Aboriginal freehold.

Aboriginal freehold land is inalienable freehold title, meaning it can't be sold. It is referred to as 'schedule one' land, and is formally held by an Aboriginal land trust.

Pastoral land

Pastoral leasehold is land which is owned by the government and leased to a private individual or company for pastoral purposes.

This may include cattle grazing, crop growing or pastoral based tourist activities.

Pastoral land is subject to native title.