Skyddet för jordbruksmark vid fastighetsbildning

Sammanfattning: The protection of farmland in property formation relies heavily on one part of the Swedish property formation law, 3 kap. 6 § fastighetsbildningslagen. The overall purpose of this specific law is to secure the national food supply of Sweden but in reality it is only effective regarding the very large agricultural properties which leaves a lot of the actual farmland without protection. As a result of the actual wording of the mentioned law, farmland which is on a forest property seems to have no protection at all which is one the main questions of this study. In the past years the issue has come to attention in property formation where farmland is being reallotmented or subdivided to be a part of a big residential property. Although the arrangement during property formation does not affect the actual use of the land in itself, the county administrative board responsible for agriculture has raised concern that this action perhaps will still lead to the farmland being taken out of production and never be able to be used for food production ever again. The current statute is difficult to apply in many circumstances therefore this report aims to present the prevailing juridical protection of farmland using interviews with personnel from the county administrative board. They are an important resource for the cadastral authority when it comes to provide support in the assessment of the societal effects of property formation With the combined collection of answers from the interview, current legal cases and legislative history there are suggestions of how to overcome the current problems. First of all, the result shows that farmland on a forest property has no protection during property formation with the current statute of 3 kap. 6 § FBL. To be able to increase the general protection of farmland in property formation the suggestions are to change the wording of the statute from agricultural properties to farmland or to make another part of the property formation law, regarding appropriate use of land, applicable on specifically farmland.