Undantagsparagrafen

Sammanfattning: In the real property formation act 3 chap. 1 and 5 §§ you will find the general conditions of suitability for a property unit and the financial requirements for agricultural - and forestry property units. These conditions should be fulfilled in every conversion or the formation of a property unit and at an easement action. The exception to these conditions is in the real property formation act 3 chap. 9 § and it says that property formation can take place even if the property unit doesn’t fulfill the condition of suitability, provided that the division into property units is improved and that a more appropriate division isn’t countered. The aim of the thesis is to explain how the exception clause should be used and also indicate whether it is correctly applied in different types of cadastral procedures and for property units with different types of purposes. Measures that are seen as improvements to the property division include that the property orders get a more natural route. If the number of suitable properties are increased or that larger cohesive property unit are created are seen as improvements. An example that will prevent a more appropriate division is the formation of property units without purpose or a plan for a future purpose. From the survey of cadastral dossier, it could be noted that the exception clause applies more in reallotment then in subdivisions of property units. Agricultural units are the most common property unit that the exception clause has been applied to. In at least 85 % of the cadastral dossiers the exception clause has been applied correctly.