“If a man buys land in the presence of many men, the thingmen shall convey the land to him. He shall summon the other man home, and thence to the Thing, and have witnesses at the Thing that he has lawfully summoned him. He shall take mould, as is mentioned in the laws, to the four corners of the hearth, and to the high-seat, and where field and meadow meet, and where pasture and stone-ridge meet, and have witnesses, and those who were present at their bargain, at the Thing that he has taken the mould lawfully. If he has full witnesses, the Thingmen shall with weapon-taking convey the land to him. Wherever they agree about the bargain, and the sale and the mould is rightly taken, it, and also the conveyance, shall be kept at a church and at an ale-house, and at a manned ship with several rowing-seats, as if it were made at a Thing. Wherever the king conveys land it shall be kept”[[456]] (Gulath., 292).
“The silver was then all counted, and every penning paid for the land. Börk then took the money, and by a hand-shaking transferred the land to Snorri” (Eyrbyggja Saga, c. 14).
“If a woman is baugryg,[[457]] she can inherit both odal and (loose) property, and no man can redeem it from her. The women who are odal-women and whom the odals follow are these. Daughter and sister, and father’s sister, and brother’s daughter, and son’s daughter. The daughter and sister are two baugrygs. They can pay and receive wergild like men. They also have, like men, the first right to buy the land” (Gulath., 275).
Leaseholds also existed in these early days.
“Thrand leased out the lands at Gata to many, and took as high a rent as possible” (Færeyinga Saga, c. 2).
Commons.—From time immemorial the large extents of land and sea, which belonged to no individual, and used by one or more communities as their common property, were called almenning or commons, and were under the power of the herad. Every one had the right to make use of wood and water on these commons; to build himself sæter,[[458]] as well as smithies and hunting-huts; to fish in the waters, hunt and trap animals; to cut timber and mow grass, observing the previous rights of any earlier user. The settler ought then to fence around his property within twelve months. Outside his home field he owned as outgrounds all the surrounding land as far as he could throw his knife. All fishing-places at some distance from the coast were commons, but the king had a right to get a fee or tax from those who fished there, which tax was one of his sources of revenue.[[459]]
“Every man is allowed to use water and wood on a common. Every one shall have his common as he has had it from old time. If a settlement is made on a common, the king owns it. If there is a field and meadow fenced in, he owns the land as far from the fence as he can throw his knife. The remaining is common. All that is thrown up on the coast of a common is owned by the king. If people sail along the coast or from sea and their ships founder, whoever owns the land where they are wrecked owns as much property as he can prove with witnesses. The king owns all other sea-wrecks” (Gulath., 145).
“This law have the kings given to all the men of Hálogaland; namely, the kings have given up all fish-gifts (taxes) from all capes and all fishing-places, except that men shall give to the king five fishes. That shall every man do who fishes in Vagar (in Hálogaland)”[[460]] (Frostath., xvi. 2).
“The law of seal-catching places is, that within three weeks from St. John’s Mass, and six weeks from Yule, all such places are holy, and no man shall go into another’s ground without leave. If a man is found in another’s fishing-ground during these weeks and catches seals, he is a thief. Between these times they shall protect their seal-catching places like their land with a law stick (lag kelfi), and a ran baug (fine); if the thief goes then, he is fined for trespassing in another man’s land....” (Frostath., xiv. 11).
“Deer-enclosures every man can make on common land, if he does not spoil another’s hunting.... A spear-fence shall not stand longer than ten winters” (Frostath., xiv. 9).