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Where can native title exist?

I recently purchased a large block of land in Moss Vale. There is also a swamp on the property. I was told that native title claims can be brought on my land and that I will have to vacate the property. Is this true? Where can Native Title exist?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 13-11-2015
1 Lawyer Answered
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  1. Native Title
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Neha Sharma, Hillsdale 2036 NSW

  • Native title claims can only be brought on Crown land and not freehold land. Native title cannot take away your rights of owning a property.
  • Native title usually exists in:
    • vacant Crown land;
    • national parks;
    • pastoral leases;
    • beaches; or
    • oceans, swamps, lakes and non privately owned bodies of water.
  • Only in vary rare circumstances can native title claims defeat freehold ownership of individuals such as if the freehold ownership was wrongly or invalidly granted over the land.

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