Custom and Prescription

When a thing practiced for a long time , its gives rise to a rule of law known as custom , but if it gives rise to a right, it is called prescription. A custom is a source of law but a prescription is a source of right . For example in a certain community of a particular locality , a daughter has priority over collaterals the third or remoter degree from time immemorial . It is a local custom and it gives rise to a rule of law . 

If X and his forefathers have from time immemorial been grazing cattle on a particular land belonging to Y , it gives rise to a right a right in X and it is called prescription. On account of their similarity , local custom and prescription were both bracketed under the heading of particular custom and prescription was regarded as a branch of custom. Prescription was considered as a particular custom confined to an individual. 

Both local custom and prescription require the same essentials to be valid. However at present local custom and prescription are clearly distinguished as there are prescriptive rights which do not show any similarity to local custom. The rule regarding time immemorial has been replaced in the case of prescription. Uninterrupted enjoyment for 20 years is considered to be enough to acquire the right to light and air. 

Custom is based on long usage but prescription is based on lost grant and operates as a source of right. A custom must be reasonable and conform to justice , public policy and utility, but that is not necessary n the case of prescription. Custom is a generally observed course of conduct and has the force of law on account of long usage. Prescription means the acquisition of a right or title by user or possession in the manner laid down by law. 

 Local custom relates to a particular locality or the members of a particular class . It is lex loci . Prescription is personal and applies to persons. While custom must be ancient , prescription only requires a period of 20 years.