What's the difference between customary and formal land rights?

Understanding the distinction between formal legal land rights and customary or traditional land rights.

Last updated: April 22, 2025

Land Rights and Tenure Systems

Land rights are fundamental to carbon projects as they determine who has authority to use, control, and make decisions about the land where project activities occur.

Types of Land Rights

Carbon projects operate within complex land tenure systems that often include both customary and formal rights frameworks.

1

Customary Rights

  • Customary rights are traditional, often unwritten, and recognised by communities (e.g., ancestral land, communal grazing areas)
2

Formal Rights

  • Formal rights are granted or recognised by the state (e.g., land titles, leases)

Some projects operate entirely on customary land; others on state-owned or titled land — and some on a mix.

What to Document in Your Project

You Should Record

  • Who holds each type of right (individual, family, group, government)
  • Any overlaps or unresolved claims

Why Land Rights Matter

Why It Matters

Acknowledging both systems supports fairness, avoids conflict, and helps meet legal and certification requirements.

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