(b) That's correct. Even if Albert becomes the titleholder of the land for sale, he does not, in fact, have supreme property rights.

For historical reasons, there is more than one kind of title to land in Australia.

From the business perspective, the most important kind of land ownership is that established by registered title. But this kind of title requires some explanation. Although we commonly refer to individuals as landowners, it is theoretically only the Crown which 'owns' land. This is because Australia was considered by English explorers as 'terra nullius' (unoccupied land) when Australia was established as an English colony, which meant that the Crown became absolute owner of all the land.

Following the example of English law, individuals in Australia were only able to hold or occupy land if the Crown granted it to them as tenants. This system is known as the 'doctrine of tenure'. In this system, an individual can either acquire 'freehold' title, which lasts forever, or 'leasehold' title, which expires after a stated term (normally 99 years) when the land then reverts to its residual owner (the Crown).

In this chapter, all references are to freehold title, unless otherwise stated.

There is also another concept of title or interest, based on the Indigenous laws of Aboriginal Australians. This is known as ‘native title’ and has been recognised in the Australian legal system since the 1990s. This type of ownership covers mainly rural parts of Australia and is an important component of Aboriginal community life. Native title rights over land may be exclusive or non-exclusive, and can involve various uses, such as hunting, fishing, or conducting ceremonies. Native title rights may be relevant for commercial access to some resources or mining, but such arrangements fall outside the scope of this module.