Att säkerställa rätten att nyttja utrymme/anläggning i annans fasta egendom - exemplet Trafikverket

Sammanfattning: A property is owned with ownership which in turn may be granted limited rights to acquire the use of land or space in another's property. Tenancies and easements are the most common limited rights. Trafikverket has a range of different rights that are linked to its properties. There are rights that work in favour of Trafikverket’s property as well as against them. In the benefitting case, Trafikverket have to acquire the right to fell trees on others’ land or to utilize land for mobile phone masts or buildings. In the opposite case others may need to get the rights to use areas for pipes, storage of materials or drive on Trafikverket’s property. The purpose of this study is to identify the different types of situations and forms of tenure which are most common in Trafikverket’s property in both the defined cases. The goal of this work is to find answers to which rights are most appropriate to use in the different cases, as well as the pros and cons of these. It will also give a unified handle in Trafikverket. Methods which were used in the study consisted of a theoretical part in the form of a literature review in which literature, regulations and legislations were reviewed. An empirical investigation in the form of interviews with professionals in Trafikverket was also conducted in order to map the current situation. The literature review resulted in a guide where the different forms of tenure rights, easements and rights of way-leave are compared with each other. The guide describes in a clear manner the rights in different situations. The study illustrates what laws and paragraphs are regulating in each case. The results of the interview study show that there are situations where several forms of tenure may be appropriate to use. In order to secure rights for the future, it is important to choose a right that has a stronger presence. In some cases it is more appropriate to create easements instead of tenancies, in other cases, way-leave is more appropriate to use instead of easements. The conclusion is that when a right is validated it is important to consider what the purpose of it is. If the correct tenure is chosen from the beginning and does not have to be renegotiated, it saves both time and money. It is also important that the rights are registered in the Real Property Register in order to make them public as well as protected against competing leases.