Even in the US, commons-deeded land between multiple people is still a thing. Albeit one that lawyers hate to mess with because it's more work for them.
For purposes of this thread, exclusive control of an area, absent other claims, would certainly entitle indigenous American peoples to ownership of that land.
They impose a mutually agreed upon set of rules on everyone who owns land that is covered by the HOA (with one of the rules preventing severance of the property from the HOA).
None of this is guaranteed by 'ownership'.
It isn't splitting hairs. It's outright propaganda invented to justify stealing native land. The idea being if natives had no sense of property, we didn't really steal anything from them because they had no property to begin with.
The other trope justifying theft of the land is of the "dumb indians" who sold the land for cheap. Like indians selling manhattan for a handful of beads.