Registration: Erasing Indigenous Land Rights

Land title registration on Torrens’ model spread quickly, not only to other settler colonies in Australia, New Zealand, and western Canada, but also to colonies where indigenous peoples’ land tenure ideas and practices did not accommodate plantation agric

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Deeds, Titles, and Changing Concepts of Land Rights

David Ress

Deeds, Titles, and Changing Concepts of Land Rights Colonial Innovations and Their Impact on Social Thought

David Ress School of Humanities University of New England Armidale, NSW, Australia

ISBN 978-3-030-64190-0    ISBN 978-3-030-64191-7 (eBook) https://doi.org/10.1007/978-3-030-64191-7 © The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer Nature Switzerland AG 2020 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG. The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

For Karen, Morgan, and Jared, as ever—and for a good friend, Andy Obermueller

Preface

As we walked across that field in central Kansas and followed a line of old walnut trees toward the thick stands of cottonwoods by the creek, my friend Andy put the point of this book particularly clearly: Our connections to land go deeper—a lot deeper—than what legal or economic theory tell us. Andy’s great grandparents had settled there more than a century earlier. His grandfather and father had carefully tended to those walnut trees in a tough land simply because they liked them and didn’t see the need to gain a few more yards to plant. Down nearer the creek, where we spotted some stalks of milo sorghum still standing after last year’s harvest, Andy remembered how his dad liked to leave the last few rows of milo standing, for the birds. I could see the swifts and meadowlarks dart across that wide blue Kansas sky as we talked. There had been deer tracks and scat on the dirt road we had slipped and slid along to reach this favorite spot. Deep connections. Forged long ago by homesteading—that is, securing a place on the land by cultivating it, just as John L