Egendomsskyddet vid tvångsvisa fastighetsregleringar mellan åren 1996 och 2018
Sammanfattning: This thesis aims to describe to what extent property rights in the European Convention on Human Right and the Swedish Constitution of Law affect procedures according to the Property Formation Act Ch. 5. Especially when a property owner applies for a cadastral procedure without an agreement from the other parties. The thesis also aims to describe how often property rights has been taken in to account in the cadastral procedures and by the Courts. To answer the questions a traditional legal method has been used as well as studies of cadastral procedure files. From the cadastral procedure files it is shown that in principal the Swedish cadastral authority doesn’t reference the property rights in the Constitution or European convention. The thesis also shows that in most court cases studied, the court council doesn’t think that the property rights have been overstepped in the process. It is also shown that interests from the commons and an assessment between interests from the commons compared to individual interests are not commonly used in the courts. NJA 2018 s. 753 clarifies that an assessment between interests shall be used whenever property is taken by force but it’s full impact on practice will be a subject for further discussion in the Courts and by Lantmäteriet.
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