Renskötselrätten – En särskild rätt till fastighet

Sammanfattning: The Reindeer herding right is a right for the Sami population and is regulated in the Reindeer Husbandry Act. The Reindeer herding right can be compared with other rights, such as easements and rights of use, and can be categorized as a nonpossessory interest in land. A big difference from other nonpossessory interest in land is that the Reindeer husbandry right is based on Sami traditional use of the land and is directly stated in the law. The purpose of this essay is to provide a comprehensive understanding of the Reindeer herding right and its legal basis. To do this the Reindeer Husbandry Act have been closely examined, especially the first and third paragraphs that describe the Reindeer herding rights legal basis and geographical scope. The first paragraph of Reindeer Husbandry Act states that the Reindeer herding right is based on prescription from time immemorial. How to interpret this expression is currently unknown. My conclusion is that the husbandry right is based on a legal acquisition before the Swedish government owned the land and that the first paragraph of the Reindeer Husbandry Act only works as a reminder of that.