Define: Local Custom

Local custom refers to unwritten practices or traditions that are widely recognised and accepted within a specific community or geographic area . These customs may vary from region to region and often have significant influence on legal proceedings and decisions. Local customs can be considered as a source of law alongside statutory law and judicial precedent, particularly in areas where formal legal rules are scarce or ambiguous. Courts may take local customs into account when interpreting laws or resolving disputes, especially when these customs reflect the prevailing norms and values of the community. However, the application of local customs in legal proceedings is subject to scrutiny and must be consistent with established legal principles and public policy.

Certain long-standing customary rights may come to have similar status to common law, even if unwritten. This applies in particular to rights of way and rights to use areas of land in a particular way. For such a right to be upheld by a court, it must have existed ‘since time immemorial’, not conflict with statute, and to be assumed to be a right, not granted by someone’s permission. ‘Time immemorial’ is difficult to define, of course, and an arbitrary date of 1189 is often taken as equivalent. However, if a right has been exercised for some decades, and local opinion is that it is ancient, and there is no evidence to the contrary, this may well be close enough to ‘time immemorial’ to satisfy a court.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.