Vem råder över vattnet? - En utredning av hur den vattenrättsliga rådigheten kan säkras med fastighetsrättsliga åtgärder

Sammanfattning: This thesis investigates the complex challenges arising from the recent reviews of permits for dams in Sweden, focusing on the crucial aspect of water resource disposition and its implications for property rights. By examining relevant literature, legal cases, and conducting interviews with professionals, this study uncovers patterns and potential solutions to address the issues at hand. The findings underscore the significance of prioritizing disposition as a central concern, emphasizing the need for clear and specific contractual provisions regarding easement areas and restrictive rights. Furthermore, the research reveals a knowledge gap in cadastral surveyors' understanding of environmental and water law, which can negatively impact the property formation process and the reviews of permits at hand. However, the choice of property formation measure does not seem to directly influence the ease of future reviews; instead, the individual circumstances play a more substantial role. Proposed measures to mitigate the challenges include reconsidering and adjusting the disposition requirement itself, such as introducing exemptions or removing the requirement in certain cases. By no longer treating disposition as a prerequisite for the process, the burden of proof can be eased, allowing the courts to evaluate each case based on its merits. In conclusion, this study highlights the urgent need for improved knowledge and awareness in effectively managing the permit reviews and mitigating the significant impact on property owners and various stakeholders involved.