Customary rights

CUSTOMARY RIGHTS. Rights which are acquired by custom. They differ from prescriptive rights in this, that the former are local usages, belonging to all the inhabitants of a particular place or district-the latter are rights of individuals, independent of the place of their residence. Best on Pres. Sec. 79; Cruise, Dig. t. 31, c. 1, Sec. 7; 2 Greenl. Evi 542.

References in periodicals archive ?
For children, customary rights to property are distinctly different from those under statute law, as they are not automatically assumed when a child reaches his or her legal majority or on the death of a parent, but are contingent on marriage, the availability of land, and community standing.
This relationship has also earned them customary rights that are legally recognized by many countries.
Previously referred to as the Zambia Wildlife Authority (ZAWA), the Department of National Parks and Wildlife manages wildlife in Game Management Areas (4) (GMAs); however customary rights to use non-wildlife resources for consumption in GMAs are not restricted (GRZ 2015a).
5% of DHT's outstanding share capital and will be granted customary rights, including the right to appoint two directors to DHT's board.
The Freetown Peninsula uses the English freehold concept of individual property rights, but land in the provinces, which makes up over 99% of the country, are communally owned and governed by customary rights over access and use.
Perhaps a carefully crafted notion of customary rights and indigenous identity still lies in the future for the Lauje highlanders.
The Foreshore and Seabed Act 2004 (since repealed) preserved "the public foreshore and seabed in perpetuity as the common heritage of all New Zealanders", (108) vested the public foreshore land in Crown ownership "as its absolute property", (109) replaced the Maori Land Court's jurisdiction to issue land status orders with a new jurisdiction to issue customary rights orders, and replaced the High Court's jurisdiction to hear and determine the common law doctrine of Aboriginal title with a new jurisdiction to determine territorial customary rights.
The case went up by the Privy Council and it was held that the Santals have the customary rights of hunting on the Parasnath Hills.
Two regimes of land tenure exist in most African countries: one based on private property rights and another based on customary rights.
Castle Rackrent's Thaddy is read as the spokesperson for a community bearing witness to the elimination of ancient trees and customary rights by the successive inheritors of the Rackrent estate: the voice of an indigenous intergenerational imagination that alone "can apprehend the slow violence being done to land that is used for profit" (10).
5/1960 stipulates that indigenous communities have customary rights over land within their territories.
Shortly after last year's victory, Maanda Ngoitiko of PWC Tanzania and Fred Nelson, Executive Director of Maliasili Initiatives, wrote in The Guardian that, "Tanzania has one of the most progressive land laws in the continent in terms of safeguarding communities' customary rights, and it is the fact that the Maasai in Loliondo possess documented rights to their land that has enabled them to make their case effectively.