Tillämpning av lokaliseringsvillkoret i 6 § ledningsrättslagen i praktiken

Sammanfattning: To ensure the right to construct a conduit on land owned by other private individuals or legal entities one can go about it in a few different ways. One of them is to apply for a cadastral procedure for conduits. However this requires a number of conditions to be fulfilled, one of which is the so called locality condition. The condition requires any conduit, granted on the basis of the Utility Easement Act without consent from the land owners, to be placed in such a way that the purpose is not appropriate to be met otherwise, i.e. cause as little intrusion as possible. The cadastral surveyor is required, by law, to examine the locality condition in order to make the cadastral order. The hypothesis at the start of this report was that the examination is generally insufficient compared to the requirements of the law, which turned out to be true. I have done a literary study, interviews and a study of 100 utility easement procedures to come to the conclusion that the locality condition is examined in about 8 % of the procedures. The consequenses of not examining the condition is extremely limited which might be the reason why cadastral surveyors choose to look past the examination.