folkland

folkland. Hist. Land held by customary law, without written title. — Also spelled folcland. Cf. BOOKLAND.

“In all discussions on Anglo-Saxon law bookland is contrasted with ‘folkland.’ The most recent and probably the most correct view is that folkland simply means land subject to customary law, as opposed to land which was held under the terms of a charter. It would seem that the view that folkland means public land or land of the people, though till recently generally accepted, must be abandoned as resting on insufficient evidence. It appears that folkland might either be land occupied by individuals or families or communities, or it might be waste or unoccupied land. The only characteristic which can be universally ascribed to it is, that it is not bookland.” Kenelm E. Digby, An Introduction to the History of the Law of Real Property 15 (5th ed. 1897).


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