Aboriginal Land Rights Essay Research Paper 10 — страница 3

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finder of a chattel on someone else’s land acquires possessory rights over the chattel against all save: 1. The actual owner 2. The employee of the finder where the finder is acting in the capacity of an employee 3. The occupier of land where the occupiers control over the chattel in question is manifest An occupier’s control will be manifest where the chattel is either attached to or buried in the land (South Staffordshire Water Co v Sharman [1896] 2 QB 44) [4.1] Application The space junk is embedded in the surface therefore the Marla people as occupiers of the land will acquire a possessory right to keep the space junk against all but the true owner. The Marla people have an obligation to take reasonable measures to inform the true owner of the finding and to care for it

meanwhile. [5.0] RIGHTS TO WATER Water flowing in a defined channel on the surface of land is regulated by the common law riparian doctrine. Therefore the owner of the bed or the banks of the watercourse flowing over the surface of the land has a right to interfere with the flow of the water as long as do not diminish the quality or damage the quality of the water (Acton v Blundell (1843) 12 M & W 324 [152 ER 1223] ). [5.1] Application Charlie is therefore entitled to use the water from the stream flowing through the freehold as long as he meets the above requirements CONCLUSION Native title is extinguished by the freehold grant and the 21-hectare lease but not by the reserve grant. The pastoral lease may extinguish some but not all incidents of native title. Charlie’s

title to the freehold will not be terminated until the expiration of the limitation period. The Marla people will acquire possessory rights over the space junk.