Define: Customary Freehold

Customary freehold refers to a type of land tenure system where indigenous communities have customary rights to use and occupy the land, which are recognised and protected by law.

Unlike other forms of land ownership, customary freehold is based on the traditional practices and customs of indigenous communities. It recognises their rights to use and manage the land according to their cultural and customary norms.

Yes, the rights under customary freehold are legally recognised and protected by law. They may vary from country to country, but generally, they include the right to use, occupy, and manage the land for sustenance, cultural practices, and livelihoods.

The transfer or sale of customary freehold land may be subject to specific regulations and requirements. In some cases, it may require the consent of the community or the relevant authorities. It is important to consult local laws and regulations before engaging in any transfer or sale of customary freehold land.

The acquisition of customary freehold land by non-indigenous individuals or entities may be subject to restrictions or limitations. Some jurisdictions may require the consent of the community or the relevant authorities. It is crucial to understand the specific laws and regulations governing land acquisition in the respective jurisdiction.

In the event of a conflict between customary freehold rights and other legal rights, it is necessary to refer to the applicable laws and regulations. In some instances, mechanisms for resolving conflicts, such as mediation or court proceedings, may be available to address such disputes.

The development of customary freehold land may be subject to certain limitations or regulations, depending on the jurisdiction. These limitations may aim to protect the cultural and environmental values associated with the land. It is important to consult local laws and regulations before undertaking any development activities.

The extinguishment or revocation of customary freehold rights may be possible under certain circumstances, such as when the land is required for public purposes or when there is a breach of specific legal provisions. However, the process for extinguishment or revocation may vary depending on the jurisdiction and should be carried out in accordance with the applicable laws and regulations.

Recognising customary freehold rights can contribute to the preservation of indigenous cultures, traditions, and sustainable land management practices. It also promotes social justice, empowerment, and the protection of indigenous communities’ rights to their ancestral lands.