Customary tenure is a set of rules and norms that govern community allocation, use, access, and transfer of land and other natural resources. The term “customary tenure” invokes the idea of “traditional” rights to land and other natural resources: “the tenure usually associated with indigenous communities and administered in accordance with their customs, as opposed to statutory tenure usually introduced during the colonial period” (FAO 2002).
While we tend to associate customary tenure with age-old practices, we are reminded that “how far these are rooted in the practices of past generations (i.e., traditions) is hardly relevant; they stem from and are sustained by the living community of today…The singular shared attribute of indigenous tenure regimes around the world today (and adhered to by no less than two billion people) is that they are community-based property systems” (Wily 2008). From the USAID Issue Brief.
Customary and statutory tenure: how they relate
Customary tenure draws on community rules and institutions; statutory tenure is defined or recognized through formal law. These arrangements can overlap. A customary system may include both shared rights to resources and household rights to particular plots, and legislation may recognize customary rights rather than replace them.
FAO’s Land Tenure and Rural Development (2002) explains why practitioners should examine the actual rights, users and institutions involved. Shared community tenure also differs from open access: a community can determine who may use a resource, whereas open access does not assign exclusive rights.
Explore customary tenure in country context
The preserved Papua New Guinea profile (January 2021) examines customary ownership and the relationship with public rights. The Ghana profile (July 2013) discusses tensions between customary and formal regimes. Use their publication dates when interpreting the research, and explore women’s land rights alongside community recognition.
USAID customary and community tenure research in the archive
The programme description below is retained from the original LandLinks resource and describes USAID work in that source’s historical context.
Through pilot programs, research, and evaluations, USAID is developing practical tools and methods to strengthen customary tenure systems. This page contains research, case studies, success stories and other resources to help guide practitioners in better understanding and addressing customary tenure challenges.
Photo Credit: Deborah Espinosa