Bookland (law)

Bookland (Old English: bōcland) was a type of land tenure under Anglo-Saxon law and referred to land that was vested by a charter. Land held without a charter was known as folkland (Old English: folcland).^[1]

The distinction in meaning between these terms is a consequence of Anglo-Saxon land law. The concept of bookland arose in the seventh century and referred to land that could be 'alienated' (i.e., disposed of) at will. It evolved to resemble ownership in the modern sense. Folkland was land held under ancient, unwritten folk-law or custom and by that custom it could not be alienated (i.e., removed) from the kin of the holder, except under special circumstances. No such claim by the kin could be made on bookland. The definition of those ancient folk-laws and customs, and the definition of the word folkland, has long been the subject of controversy. The model suggested by the historian Patrick Wormald, given in the definition above, allows for the graceful sidestepping of that controversy.^[2]

A related concept was loanland (Old English: lænland), which was land granted temporarily, without any loss of ownership. Such land might be granted for a term of years, or for the life of a person, or it might be granted to an official for the term of his office (e.g., as royal patronage). Both folkland and bookland might become loanland at one time or another.