ABSTRACT
The doctrine of tenure has its origins in the feudal system of land ownership which emerged during the middle ages in England. Two important points can be gleaned from this fact alone: first, the doctrine of tenure is only relevant to interests relating to real property, and secondly, the social developments of modern society have meant that the incidents of the doctrine are no longer of great relevance, particularly in Australia. Feudalism has never existed in Australia and, as the doctrine of tenure is an emanation of this system, its continuing importance is negligible, particularly in light of the High Court determinations on native title in Mabo v Queensland (No 2) (1992) 175 CLR 1. As noted by Toohey J in Wik Peoples v The State of Queensland (1996) 141 ALR 129:
Nevertheless, as Australia has inherited the English system of land law, remnants of the doctrine remain. In order to appreciate fully these principles, an examination of the feudal origins of the doctrine is necessary.1
