Gränsdragningen mellan bostadsfastigheter och jordbruksfastigheter med bostadshus

Sammanfattning: In 1991 there was an amendment in the Swedish Real Property Formation Act, which made it possible to form large residential property units with agriculture land for small livestock and crop production. In 1994 another amendment made it possible to form smaller agriculture property units than previously. In connection with this, demarcation problems occurred. The purpose of this master thesis is to investigate where the line between residential property units and agriculture property units with residential buildings goes in different Swedish laws. This study will also illustrate how the changes in the Real Property Formation Act in 1991 have affected the demarcation. The methods used are studies of literature, preparatory works, court cases, interviews and a study based on completed cadastral dossiers in Skåne, Sweden. It was found that there is a difference between the examined laws regarding the demarcation of the terms residential property unit and agriculture property unit. The biggest difference is between the Real Property Formation Act and the Property Tax Assessment Act. The Property Tax Assessment Act only allows residential units up to 2 hectare, while the Real Property Formation Act doesn’t have a size limit for each purpose. This study shows that it’s not easy to set a size limit of how big a residential property unit and how small an agriculture property unit with residential buildings should be. However, with all the collected material it’s found that there should be a gap between the sizes. The result of this master thesis is that a residential property unit should not be any bigger than 10 hectare and an agriculture property unit with residential buildings should not be any smaller than 15 hectare. The cadastral surveyor still has to do an individual assessment on each property formation, and therefore can there be reasons for deviations from these size limits.