Define: Basket Tenure

Basket tenure refers to a legal concept where a person or entity holds the right to use a specific area of land for the purpose of gathering or collecting natural resources, such as fruits, nuts, or other products.

Unlike traditional land ownership, basket tenure does not grant the holder full ownership rights over the land. Instead, it provides a limited right to access and collect specific resources from the land.

Basket tenure can be held by individuals, communities, or even organisations, depending on the specific legal framework in place. It is often associated with indigenous communities who have historically relied on gathering resources from specific areas.

The establishment of basket tenure typically involves a legal process that recognizes and formalizes the rights of the holder to access and collect resources from a specific area. This may involve consultation with relevant authorities and the creation of agreements or permits.

In some cases, basket tenure can be transferred or sold to another individual or entity. However, this is subject to the specific legal provisions governing basket tenure in a particular jurisdiction.

Basket tenure is usually subject to certain limitations, such as restrictions on the types and quantities of resources that can be collected, as well as rules regarding sustainable harvesting practices. These limitations are in place to ensure the long-term viability of the resources and protect the environment.

Under certain circumstances, basket tenure can be revoked by the relevant authorities. This may occur if the holder violates the terms and conditions of the tenure, engages in unsustainable practices, or if the land is needed for other purposes, such as conservation or development projects.

In many jurisdictions, there are legal protections in place to safeguard the rights of basket tenure holders. These protections may include provisions for consultation, compensation, and dispute resolution mechanisms.

Depending on the specific legal framework, basket tenure holders may have the ability to monetize their rights by selling or trading the resources they collect. However, this is subject to any applicable regulations or restrictions.

Basket tenure plays a crucial role in preserving indigenous cultures and traditional practices. By recognizing and protecting the rights of indigenous communities to access and collect resources from specific areas, basket tenure helps maintain cultural traditions, knowledge, and connections to the land.