Odelsrett
Encyclopedia
The Odelsrett is an ancient Scandinavian allodial title
which has survived in Norway
as odelsrett and existed until recent times in Sweden as bördsrätt.
The Norwegian law stipulates the right, when a farm is to be sold, of any member of the family, by the principle of primogeniture
, to buy it, consistent with Åsetesrett
.
If the property is sold to a stranger, family members have the right within a specified period of time (which varies over history, but ten years can be considered typical of recent usage) to redeem it at the price paid, with the additional cost of the improvements.
If there is controversy, appraisers are appointed.
Later law modified this, so that an owner selling his farm may determine whether he renounces for himself and heirs this right.
It has been argued that this law served as a mainstay to the long-lasting agrarian culture in Norway.
Allodial title did not exclusively serve to ensure that land merely stayed in a particular family. It also offered daughters some protection when their inheritance rights were threatened by male relatives. If the father sold the land to his male relatives in an effort to avoid the transfer of land from his family to the daughters who were closer in succession, the daughters had a right to buy it back from the male relatives.
Allodial title
Allodial title constitutes ownership of real property that is independent of any superior landlord, but it should not be confused with anarchy as the owner of allodial land is not independent of his sovereign...
which has survived in Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
as odelsrett and existed until recent times in Sweden as bördsrätt.
The Norwegian law stipulates the right, when a farm is to be sold, of any member of the family, by the principle of primogeniture
Primogeniture
Primogeniture is the right, by law or custom, of the firstborn to inherit the entire estate, to the exclusion of younger siblings . Historically, the term implied male primogeniture, to the exclusion of females...
, to buy it, consistent with Åsetesrett
Åsetesrett
Åsetesrett is the ancient right in Norway of the eldest child to inherit the farm after his or her parent ....
.
If the property is sold to a stranger, family members have the right within a specified period of time (which varies over history, but ten years can be considered typical of recent usage) to redeem it at the price paid, with the additional cost of the improvements.
If there is controversy, appraisers are appointed.
Later law modified this, so that an owner selling his farm may determine whether he renounces for himself and heirs this right.
It has been argued that this law served as a mainstay to the long-lasting agrarian culture in Norway.
History
Arnfinn Kjelland provides a historical perspective:-
- “(For a) farm (to) become allodium by gain, it must have been owned by the same family for a specific period of time, without objection by or claim from an earlier owner with allodium. According to the oldest regional law, GulatingGulatingGulaþing is both the name of one of the first Norwegian legislative assemblies or Þing and one of the present day law courts of western Norway.-History:...
sloven, a farm became allodium property after 6 generations' ownership. A farm could also be redeemed by a member of the previous owner's family (if they had gained allodium) during the same period of time, after it had been sold. In the first national law of Norway (1274) the period (both to gain allodium and redemption) is reduced to 60 years; in 1604 to 30 years; in 1687 to 20 years to gain, and 10 years to redeem; in 1811 an attempt to remove the allodium was tried, but the Constitution of 1814 stated that allodium is everlasting. - "It is necessary to distinguish between regular ownership to a farm, and allodium. You may buy a farm, but you should be prepared to give it up if a member of the seller's family, who has allodium, claims his or her right to redeem it. This still happens in Norway, maybe once every 5-10 years in any community.”
- “(For a) farm (to) become allodium by gain, it must have been owned by the same family for a specific period of time, without objection by or claim from an earlier owner with allodium. According to the oldest regional law, Gulating
Allodial title did not exclusively serve to ensure that land merely stayed in a particular family. It also offered daughters some protection when their inheritance rights were threatened by male relatives. If the father sold the land to his male relatives in an effort to avoid the transfer of land from his family to the daughters who were closer in succession, the daughters had a right to buy it back from the male relatives.
See also
- Allodial titleAllodial titleAllodial title constitutes ownership of real property that is independent of any superior landlord, but it should not be confused with anarchy as the owner of allodial land is not independent of his sovereign...
- Ancient Norwegian Property LawsAncient Norwegian property lawsTwo Norwegian property laws, which are so ancient that the time of their enactment is lost, govern Norwegian property. These are the Åsetesrett , and the Odelsrett ....
- Udal lawUdal LawUdal law is a near-defunct Norse derived legal system, which is found in Shetland and Orkney, Scotland and in Manx law at the Isle of Man. It is closely related to Odelsrett....
- Odal (rune)
- Odelsrett in Norwegian Wikipedia (in Norwegian)