It is natural for readers to find the subject of this brief reflection somewhat outdated, as perceptions of the two combined concepts have changed with the progress of society. Most citizens in our territory live their lives in and around large cities, have less attachment to heritage, and the concept of the traditional family has given way to various family models.
But we must not forget that the origins of most Basques lie in rural areas, especially in the farmhouses scattered around the villages. The farmhouse is a building located between the basic areas of production and dwellings, which include activities such as agriculture, livestock farming and forestry, among others. At that time, the farmhouse served as a refuge, a source of food and an identity for an entire family of several generations.
Throughout our history, farmhouses and families have coexisted for generations, so much so that in cases where the residents were the owners of the farmhouse, families often took the name of the farmhouse. Over the centuries, this relationship has weakened considerably due to the socio-economic changes in our environment (industrialisation, centralisation of regions, changing consumption habits, etc.), However, given the Basques’ profound passion for customs and traditions, it is not surprising that this relationship is remembered in the Historical Territory of Bizkaia, and even more so that it has been specified and regulated by legislation since the time of the old fuero (charter).
This process gave rise to the concept of troncalidad (lineage-based property inheritance system) which, as explained above, unites two axes that are at the core of our nature: family and heritage. This legal entity guarantees that the family’s real estate assets are passed on to descendants of the same family, with all the characteristics set out in the current Law 5/2015, provided that the assets are located on flat land in Bizkaia, Laudio or Aramaio.
As explained above, the origin of troncalidad lies in rural property, particularly farmhouses; however, its current application extends to all real estate, modifying its nature. Thus, this practice, created to protect the family identity of farmhouses, has now spread to flats, commercial premises and car parks, adapting to a new trend in property acquisition.
In short, our way of life has changed enormously in every way, but it should be noted that many values and customs are still alive in us. Therefore, although most of our population lives in medium-sized or large cities and changes or loses the customs and practices of our ancestors, the law upholds that family bond and the protection of Basque heritage through, among other things, the regulated inheritance of family property.
Mikel Etxebarria Gumuzio
Economist and jurist