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In 1300, the Norwegian laws for property inheritance were formalized by King Magnus VI (Magnus the law-mender) in 1274. These laws remained relatively changed until revised in 1687. They were included in the Norwegian Constitution of 1814 and still apply in Norway today. The key concepts, ‘odelsrett’, “odlingsjord” and “åsetesrett” are unfamiliar to most English speaking people. Some key elements include:
1 – The closest descendent of an odelsrett land owner has the right to “take over” ownership of the farmland. This includes the right to buy the farm back into the family if the farm had been sold by his ancestor outside of the family at a fair price (more on this later).
2 - To fall under odelsrett in 1300 in Norway, the farmland had to be larger than a certain size and the farm had to be in the family for six (6) generations. When farmland meets these criteria, it is termed “odlingsjord”. In Norway today, the minimum odelsrett size is 2.5 hektar (10 acres) of cultivated earth or more than 50 hektar productive woodlands and the land must be in the family for more than 20 years.
3 – There was/is a time limit within which the “odelsrett” holder must redeem “odlingsjord” land within a set period or forfeit his rights. In 1274 the period to redeem land was 60 years; in 1604 it was reduced to 30 years and in 1687 it was reduced to 10 years to redeem. If the property was not redeemed in that period, then the odelrett holder no longer had any right to the land. That redemption period has grown shorter; it is now ½ year.
4 – The value of the land to be redeemed by an “odelsrett” holder was set by appraisal (åsetesrett), with emphasis upon setting a cost that made it possible to operate the farmland profitably.
