Why was Aboriginal land ownership traditionally held collectively rather than transferred between people?
In traditional Aboriginal society, land ownership was not a matter of individual possession or transfer, but rather a collective responsibility held in trust. This system was governed by an unwritten charter derived from the Dreaming, which established the spiritual and social laws for the land.1
The "estate group"āa social unit often composed of people related through patrilineal descentāheld collective ownership of specific sites and territories. Rather than owning the land as a commodity to be traded, members acted as guardians. Adult males, in particular, were responsible for organizing rituals to renew and sustain the land, ensuring the continued flow of life-giving power from the Dreaming beings.12
Because this relationship with the land was rooted in religious obligation and ancestral connection, it was considered nontransferable. Membership in an estate group was typically determined by birth, initiation, or totemic links, rather than by individual acquisition or exchange. This framework prioritized the preservation of the cosmic order and the fulfillment of kinship and religious duties over the accumulation or transfer of property.12