Arbetsområde vid ledningsrätt

Sammanfattning: The Utility Easement Act is used to provide land for conduits. It gives the owner of the conduit the right to construct and maintain conduits of various types on the land. The decision about utility easement is taken by a cadastral surveyor at the Swedish National Land Survey and is a perpetual right. In the decision it is normally stated what land can be used during the construction of the conduit, a temporary construction area. The possibility to create a temporary right to use land during the construction is nowhere to be found in the legislation and there is an uncertainty amongst cadastral surveyors how they are supposed to handle it. Cadastral surveyors, conduit owners and the Federation of Swedish Farmers are all agreeing that the temporary construction area is very practical and useful but it’s questionable if there is any legal basis. The compensation for the encroachment caused by the conduit may differ depending on if a construction area has been granted in the cadastral procedure or not. Because of uncertainty and the difference in compensation we believe a change in the Utility Easement Act is needed. An amendment that gives the surveyor a legal possibility to create temporary areas within the utility easement.